The Court will sit for a very unusual set of oral arguments tomorrow (Thursday, May 15) to review the Trump Administration’s request to stay the preliminary injunctions that have been issued in three cases (Trump v. CASA, Trump v. Washington, and Trump v. New Jersey), blocking implementation of the Executive Order that purports to end the presumption of U.S. citizenship for everyone born in this country in the manner that the 14th Amendment has been interpreted to require for over a century. I filed a brief in these cases (as blogged about here and as covered by the campus newspaper here) before the Court scheduled oral argument. Such cases are usually resolved on the written briefings only; the Court has only held oral arguments on motions to stay a preliminary injunction three other times in the last fifty years.

The cases have received considerable attention and most of the speculation is that the Court is interested in reviewing the concept of nationwide injunctions issued by U.S. District Courts. Of course, the federal government routinely takes actions that should be reviewed by the judiciary before the status quo ante can change, and the Supreme Court does not have capacity to review them all in the first instance. But there are legitimate balance of powers concerns. I will be listening for indications of how the Justices might issue a limited ruling on this matter, or even skirt the issue altogether (as they always have so far on this, and as they often do on other contentious issues). SCOTUSBlog has a very thorough explainer for these cases that I highly recommend reviewing to help you follow the arguments.

A few people have asked me about attending the arguments in person, and how soon to get in line. My sense is that my general advice of 3am is probably about right, but it is incredibly difficult to say. The cases are coming after the scheduled end of arguments in all other scheduled cases this term – and in a time of totally overwhelming news cycles – so may be off the radar a bit. I am also not aware of organized groups attending the arguments in large numbers, although there is a call for a presence outside the courthouse. And rain is forecast for the overnight hours. But obviously, it is an incredibly important case and may be a bellwether for how the Court will deal with Executive actions that disrupt settled law.

You can still listen online, but if you’re in town, I highly recommend going very early in hopes of getting into the courtroom. Short of that, major cases always draw demonstrators to the sidewalk in front of the Court, and arguing counsel usually speaks at a press conference and/or rally after the arguments. So it’s worth going to the Court just to take in the atmosphere outside the arguments, even if you can’t make it inside.