Forget the “academic” or the “hypothetical” — groups and lawyers that oppose Trump’s unconstitutional attack on Birthright Citizenship live in the real world, and in real time within hours of the Supreme Court’s Friday’s ruling forcing them to refile their cases as class actions seeking emergency injunctions, refiled their cases in Maryland first and then New Hampshire. But now that there are 2 almost identical cases seeking identical declarations from the federal courts that Trump’s executive order is unconstitutional, what is likely to happen next? Michael Popok explains what’s happened in the last 48 hours, and discusses a secret, little-known Court —the Judicial Panel on Multidistrict Litigation— dominated by Bush and Clinton appointees, that may decide which class action survives and which judge will make the ultimate decision.
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