Two things are clear about nationwide injunctions: we don’t have, but need, some reasonable standards regulating them; and whatever they ultimately are, the citizenship issue should qualify for one. This is not a partisan issue. My guess is that the Court will create a test that involves fundamental rights, multiple decisions in favor of plaintiffs, or both.
The 4-4 vote on Oklahoma religious charter schools in the most obnoxious case yet involving state support of Christianity is only a brief reprieve; this issue is bound to come up again in some other red state. Finally, the preliminary decision to empower Trump to fire the members of independent agencies is deeply troubling, and the unprincipled carve-out for the Fed is based purely on politics, not sound legal reasoning. It sounds a lot like the completely unconvincing distinction between abortion and gay marriage in the Dobbs case.