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Subscribe on YouTubeMay Mailman Breaks Down Supreme Court Victory That Ends Nationwide Injunctions Against Trump Administration
May Mailman, White House deputy assistant to the president and senior policy strategist, joins to discuss a Supreme Court ruling that effectively ends the practice of nationwide injunctions from district court judges. For years, more than half of all nationwide injunctions have targeted President Trump, with unelected judges blocking everything from military policies to immigration enforcement. The Supreme Court ruling on birthright citizenship establishes that injunctions can only apply within the specific district where they were issued, not across the entire nation. Mailman explains how this decision impacts policies on immigration, border security, and cultural issues, while also detailing the administration's strategy of signing executive orders early in the term to navigate legal challenges upfront. She also celebrates the administration's border security success, noting zero illegal crossings with proper detention and deportation protocols now in place.
Supreme Court Delivers Major Victory on Nationwide Injunctions
May Mailman, White House deputy assistant to the president and senior policy strategist, discussed a Supreme Court decision that marks a turning point in how district court judges can issue injunctions against the Trump administration. The ruling addresses a practice that has disproportionately targeted President Trump, with more than half of all nationwide injunctions ever issued being directed against him.
For years, unelected district court judges have issued sweeping nationwide injunctions telling the president how to run military policy, immigration enforcement, border wall construction, and deportation procedures. Conservative judges, by contrast, often restrained themselves during the Biden administration. When conservative states sued over Biden's Title IX rewrite, they paused it only in those specific states, not nationwide, until the Trump administration reversed the policy entirely.
The Birthright Citizenship Case That Changed Everything
The Supreme Court case centered on birthright citizenship. On day one of his administration, President Trump issued an executive order stating that children of illegal aliens do not automatically become citizens. Multiple lawsuits followed, and three different courts issued injunctions declaring the executive order illegal not just for the parties before them, but everywhere, for everyone, for all time.
The Supreme Court rejected this approach, ruling that district court judges cannot issue such sweeping nationwide injunctions. While some questions remain about how injunctions might apply across multiple states in cases involving ten states as plaintiffs or through class action approaches, the era of single district court judges stopping presidential actions nationwide is over.
Mailman emphasized that the original intent of the Constitution never envisioned a singular district court judge being able to sweep the entire nation with their rulings. The system was designed for parties to sue individually, receive relief specific to their cases, and allow different legal reasoning to percolate up to the Supreme Court, which can then review various interpretations before making thoughtful decisions.
Impact on Key Administration Policies
The ruling opens pathways for numerous Trump administration policies that have been blocked by nationwide injunctions. Mailman highlighted several areas that will see immediate impact:
- Policies refusing to fund transgender procedures for minors in hospitals
- Restrictions on funding transgender procedures in prisons
- Deportation to third countries
- Border wall construction funding
- Immigration detention authority and funding
- Student visa regulations
- CBP One app policies from the Biden administration
While the Supreme Court has previously overturned overreaching district court judges on some of these issues, the repeated need to appeal every case to the highest court created an exhausting cycle. This new precedent should reduce that burden significantly.
Amy Coney Barrett's Devastating One-Paragraph Dissent
Justice Amy Coney Barrett authored a remarkably brief but sharp dissent against Justice Ketanji Brown Jackson's position. The entire dissent reads: "We will not dwell on Justice Jackson's argument which is at odds with more than two centuries worth of precedent, not to mention the Constitution itself. We observe only this: Justice Jackson decries an imperial executive while embracing an imperial judiciary."
Mailman praised the dissent as judicial savagery, noting that dissents are typically multiple pages long and deeply argued. This one-paragraph response went directly after Justice Jackson's reasoning. According to Mailman, Justice Jackson's written opinion essentially argued that a judge's job is to stop Trump whenever they believe the executive is acting against the law, regardless of constitutional constraints on judicial power.
The Constitution grants judges judicial power to decide cases and controversies between parties that are before them, not policymaking power to declare what they think should happen. The founders deliberately rejected models where laws required judicial approval before taking effect. The American system has three equal branches, not a super branch judiciary that sits over everyone else.
Justice Barrett's dissent highlighted that while the other two liberal justices pointed to laws underpinning their disagreement, Justice Jackson provided no such basis beyond her opposition to the Trump administration's actions.
Immigration Enforcement and Border Security
The Supreme Court ruling has significant implications for immigration policy, which voters overwhelmingly supported during the election. Mailman emphasized that border security requires both preventing illegal border crossings and interior enforcement. If someone crosses the border illegally and faces no consequences once inside the country, true border security doesn't exist.
Cases affected by this ruling include challenges to Biden administration policies that effectively created alternative immigration laws, questions about where individuals can be removed, authorities and funding for detention and wall construction, and even student visa regulations.
The Strategic Brilliance of Early Executive Orders
The Trump administration employed a specific strategy of signing numerous executive orders early in the term, knowing legal challenges would follow. The brilliance of this approach lies in adjudicating these challenges in the first six to nine months rather than in years two, three, or four of the administration.
Mailman shared her personal experience from Trump 1.0, when she requested to see a draft of a regulation and agency officials laughed, saying it would take years. The public charge regulation, which requires immigrants to demonstrate they can financially support themselves without becoming a burden on society, didn't emerge for several years. Even though the administration was successfully litigating the case, it came so late in the term that when it was ready for the Supreme Court, the change in administration allowed Biden to simply take it down.
During Trump 2.0, the administration learned that quick action is absolutely possible. The COVID pandemic demonstrated that the government could work quickly, and the Biden administration also moved rapidly on its priorities. The Trump team decided they wouldn't accept delays this time, and everyone understood the urgency.
In Trump 1.0, remain in Mexico didn't come until approximately year two and a half or three, taking roughly two years to get through the courts. This time, the administration built on the strong legal foundation established during the first term. Because that legal work was completed and Trump ultimately won those cases, day one of the second term allowed reimplementation of everything already accomplished.
President Trump signed documents designating cartels as foreign terrorist organizations, reimplemented remain in Mexico backed by threats and tariffs, and issued military declarations. The result was zero people coming across the southern border.
Border Success and American Power Restored
When asked to elaborate on border achievements, Mailman explained that the lack of news coverage about the border reflects success rather than problems. Zero illegal crossings means there are no gotaways. While the administration tracks some attempted illegal crossers via drones and other surveillance, every single person is detained and then deported.
This success extends beyond just Border Patrol agents. It includes Secretary of State Marco Rubio and the State Department, because foreign countries now accept their deported citizens back. Under Biden, countries simply refused and faced no consequences. Now those countries know not to challenge the Trump administration.
Mailman emphasized that border security involves much more than infrastructure, walls, or personnel. It represents American power being asserted again on the world stage. The combination of strong border enforcement, diplomatic pressure, and willingness to use economic leverage through tariffs has created a comprehensive approach that delivers results.
Looking Ahead: Three Years of Implementation
With legal challenges being addressed early and Supreme Court cases being teed up for the October term, the administration is positioned to spend the next three years implementing and solidifying its agenda. The Supreme Court doesn't sit every day to answer questions, so building strong cases, picking the right ones, and finding the best arguments takes time.
When the Supreme Court reconvenes in October, cases will be presented in the strongest possible posture with the best arguments. This leaves essentially three years to execute the agenda, secure wins in Congress, and fundamentally change the country's trajectory. According to Mailman, this presidency isn't about racking up minor wins but about changing the trajectory of the nation and saving civilization itself.
Video Transcript
Joining us now is May Mailman, White
House deputy assistant to the president
and senior policy strategist. We're just
going to go straight through the breaks
here and the live reads can wait. May,
great to see you. Um, major victory
today on the Supreme Court. You're doing
wonderful work by the way, May. Um,
helping this agenda every day. So,
congratulations on that and also
congratulations on this major decision
from the Supreme Court. Tell us all
about it, May. Yeah, this is a huge day.
Um, you know, you are optimistic, but
even I wasn't this optimistic. This is
amazing. So, for years, uh, President
Trump has been essentially told what to
do by random unelected district court
judges. More than half of all nationwide
injunctions that have ever taken place
are against President Trump. Everything
from uh judges telling him he needs to
put transgender people in the military,
how he needs to run his immigration, uh
everything from the wall to who's
deported. I top to bottom nationwide
injunctions. And it was not the same
when Trump was out of office and
conservative judges often restrained
themselves. So, the Title N case, which
many people will remember, uh the
conservative states sued and did pause
Biden's illegal Title 9 rewrite in those
states, but not nationwide until, of
course, we came in and said, "We're not
doing that anymore." Just go deeper into
this for our audience, this means that
if there is an injunction, it will only
pertain to the district that the
injunction was authored in. Is this the
end of all nationwide injunctions?
Oh, of course the left is going to try
and weasle around this. So, this case
particularly pertained to birthright
citizenship. Obviously, on day one,
President Trump said uh illegal aliens,
their children don't automatically
become citizens. It set up a little uh
system in order to do that. And a lot of
people sued. So, three different courts
said, "We're not just going to say that
this law is illegal as pertains to who
is in front of us. we're going to say
that this executive order is illegal
everywhere for everyone for all time.
And so the Supreme Court said, "No,
you're not going to do that." Now, there
are still some open questions. So, for
example, if a group of 10 states sue,
uh, can you enjoin uh the executive
order in those 10 states and for anybody
who passes through that state? You know,
there are ways to make this broad. Then
there's the class action approach. So,
of course, the left is going to keep
trying to push this, keep trying to push
this. However, yes, it is true that
today, nationwide injunctions that are
just sweeping, we don't like you, Trump,
so we're going to stop you from doing
what you would like to do because I'm
I'm a district court judge and I'm
bored. That practice is over. A and the
profoundity and the significance of this
is that this was all happening in like
five different jurisdictions. And the
the pre the the the original intent of
the constitution was never to have a a
singular district district court judge
be able to sweep the entire nation
repeatedly.
And so what other than executive orders
does this potentially free up that are
now enjoined?
Yeah. So this is going to have um a a a
huge impact. Um, let's just take for
example some of our policies that have
uh said we're not going to spend money
on hospitals uh transgender procedures
for minors. That gets enjoyed. We've
also said we're not that's a big one.
We've also said, for example, that we're
not going to fund uh transgender uh
procedures in prison. So, these sorts of
things, these cultural issues, I think
are going to uh are going to move
forward. Now, the Supreme Court has done
an o has done a pretty good job of
whacking these district court judges
when they get too far. So, um for
example, we had judges say that you
can't deport people to third uh
countries and the Supreme Court said no,
you can. But it has been a repeated
repeated repeated going up to the
Supreme Court and the Supreme Court
basically says this is not how it's
supposed to be. There's not supposed to
be an emergency every single time that
affects the entire nation. Parties need
to individually sue and then they can
get relief for those parties and some
people win and some people will lose and
that'll percolate up the Supreme Court
and they'll be able to look and see what
are the different reasonings that we
have. How is the law being interpreted?
What do we need to fix? So, this is
really good for process for the American
people. This is good for the Supreme
Court for people to trust the opinions
that are coming out of there because
they will be more thoughtful. They'll
have more information.
This this is a net positive for for
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May, do you have any thoughts on the
dissent against Katanji Brown Jackson?
It was just pure judicial savagery. I
mean this is quote this is the whole
descent. We will not dwell on Justice
Jackson's argument which is at odds with
more than two centuries worth of
precedent. Not to mention the
Constitution itself. We observe only
this. Justice Jackson decries an
imperial executive while embracing an
imperial judiciary. Look, I got to be
honest that Amy Coney Barrett is not
always with us, but this was a
phenomenal
uh sharp usually descents are multiple
pages long and they're deep. This is one
paragraph that just goes right after
KBJ. Your thoughts may mail Mailman. So,
Justice Jackson obviously has not been
uh consistent in being brave and yet um
she's been consistent in being concerned
about an overstep of judicial power. And
so really she is a gasast that uh
Justice Jackson thinks and this is what
Justice Jackson wrote down on paper that
she thinks that the job of a judge is to
stop Trump is to see anytime that
executive is doing something that that
that judge believes is against the law
and stop it. But that's not the case. So
one, there are rules that apply to
judges too. You as a judge have the
judicial power. You don't have
policymaking power. I don't like this. I
think these people should be getting
that. You can't just step in and say
that. You as a judge have limited powers
to decide cases and controversies. This
is in the Constitution. Cases and
controversies, which means between the
parties that are in front of you, issues
that are in front of you. And Justice
Jackson cares none about that. Now, the
founders did care about that. And there
were certainly models out there that
said before laws can take effect, before
an executive can act, they have to ask
the judiciary for permission. Say, can I
do this? And the judiciary can say yes
or no. That is not our system. Our
system is three equal branches. And uh
for the judiciary to not be a super
branch that sits over everybody and
tells everybody what to do, there are
certain rules. Justice Jackson does not
care about those rules and she has no
basis for it. She just doesn't like it.
And so, uh, Justice Barrett very rightly
says, "You know what? At least the other
two liberals pointed to laws
underpinning why they disagree. You
don't. You just want to tell Trump what
to do." And that's insane and and it is
a remarkable opinion from Justice
Barrett. It is. And may I want to keep
you for a couple more minutes if that's
okay. Uh, I know that we have packed
schedules, but the audience is loving
this. Can you speak more broadly to the
policy portfolio that uh the president
is pushing that I know that you're
working on with Steven Miller in regards
to immigration? We must have the uh
immigration customs and enforcement back
um have their back and we do on this
program. How does these legal decisions
impact our ability to uh be able to do
mass deportations and what cases are you
most closely looking at so that we can
have expedited removal of Yeah, the
American people voted overwhelmingly for
border security, but they also voted for
interior enforcement because if you can
cross the border and make it into the
country and then it's oh there's, you
know, there's no there's no recourse for
you, then you do not have a closed
border. Border security, interior
enforcement is national security. And so
the cases that this is going to affect
are are many. It is going to affect
whether Biden had any authority to
basically create fake immigration laws
to say you can CBP one your way into
this country. It's going to affect
continue to affect cases like the ones
that I mentioned. Where can individuals
be removed to? It's going to affect
authorities that you can use, money that
you can use to detain people and to
build the wall. Uh there is a countless
application for immigration law here. Uh
even even things like the student visas,
whether or not the executive has
authority to take away student visas
when the law says so, but judges don't
like that. Um and so today's a really
great day for the separation of powers
and for limited judicial power. I hope
and look, we're going to keep going a
couple more minutes, but I hope the
radio audience understands that they
they want to have a ceremonial
executive. They just want a ribbon
cutting executive where the president
welcomes Super Bowl champions and little
league World Series kids and they're
come to the White House and they get
dinners and they just smile and wave and
all of a sudden you have no power. We
have three co-equal branches co-equal.
So, so may we can you talk a little bit
to the strategy this shock and executive
order strategy that the president
developed which was that he signed a lot
of executive orders early. The
brilliance of doing this early in the
term was that we knew there was going to
be a flurry of legal challenges. But to
adjudicate those in the first 6 to9
months instead of going into two year 2,
three or four is a brilliant strategy.
It's so smart. It's so wise because
we're going to see more and more of
these very um welltailored and sometimes
legally provocative executive orders
figured out earlier than later so that
we can then govern for the remainder of
the administration. not fight in the
courts the entire administration may
Charlie you this is my favorite issue so
thanks for bringing it up and you were
there during transition you saw how hard
people were working because uh this this
change is something that matters to us
so during 1.0 know my personal
experience was there was a regulation we
were trying to get past and I said hey
can I see a draft of this in 6 months
and they laughed at me the agency
laughed at me and said no this will take
years and sure enough the public charge
regulation did not come out for several
years and even though we were
successfully litigating that case it was
so late in the term that by the time uh
that that we were ready to take it to
the Supreme Court there was a change in
administration and so of course Biden
took it down and this was something that
says in order to come here you you have
to basically be able to pay your way a
little bit and not be a huge drag on
society. So now during Trump 2.0 the
lesson that we have learned is no you
can do things quickly. We know this
because when during co we did do things
quickly and we saw the deep state work
with us. They were so excited to do some
of these things and then also we saw
Biden worked really quickly. So it is
absolutely possible and and we just said
this is we're not taking no for an
answer this time. we're going to move
quickly and and everyone understand so
so the the speed and the rapidity
because we know legal challenges are
coming and so you they're going to come
so you brace for impact early so for
example in in Trump 1.0 You know, one of
the biggest legal accomplishments did
not come, I think, till like year 2 and
a half or three, which was remain in
Mexico on the border. And it took us
like 2 years to finally get it through.
This time we're building on a strong
legal basis for the border, which is
what one of the reasons why the border
is totally secure because we did all
that legal work and Trump won. You see,
we worked through the courts in the
thicket and we did all that. So then day
one, we could just reimplement
everything we already did. President
Trump signs documents, cartels, foreign
terrorist organization remain in Mexico
with threat and tariffs. Boom, military
declaration. Next thing you know, we
have zero people coming across the
southern border. Speak to how we
sometimes have to let this play out and
then the good stuff is really going to
start rolling in the coming years now
that we navigate through the frustrating
but necessary component of the third
branch of government. Yeah. And this
ruling is going to help alleviate some
of the frustration, but basically the
executive orders come out, you have
rogue parties and you have rogue judges
enjoining them and there's a low point.
You know, there's a point where you feel
like the things that you wanted aren't
happening and and what are you going to
do about it? And and the Supreme Court
has been good with overturning some of
that, but really some of it is a slog.
The Supreme Court does not sit every day
to answer every single one of our
questions. And so it requires building
that case, picking the right cases,
finding the best arguments, and taking
that to the Supreme Court. Now, those
are going to be taken next term. So when
the Supreme Court reconvenes in October,
those cases are all in front of them,
and it's on a strong posture. Those are
our best cases. Those are our best
arguments. And so it leaves still uh
three years essentially to go implement
the rest of the agenda and solidify
them, make that uh get our wins in
Congress. um and and to to really
execute and change the course of the
country because that is what this uh
presidency is about. It's not about
racking up minor wins. It's about
changing the trajectory of our nation.
Saving the civilization. Last question
here. May I want you to brag on what
you, the president, you, Stephen, have
done on the border. It's unlike anything
we've ever seen before. We have to
repeat it every day. I don't think we're
doing enough good enough job of beating
the drum of success on the border. How
did you do it? And what operationally is
the truth of what is not happening on
the southern border?
Yeah. So the border is is a signature
success. And the fact that people aren't
talking about it anymore is because
things aren't going wrong, right? Things
are going right. And so what you see
when when the numbers are zero. What
does that mean? Zero means that there
are no godaways. There's nobody that
we're tracking via drones seeing that
they they get away. every single person
is and there are some illegal crossers
but they are detained and then they are
deported and that is not only a success
so that's not just a success of our um
border patrol agents that's also a
success of Marco Rubio and our state
department because people didn't accept
their migrants back when it was Biden
because they said no we don't want our
criminal and Biden said okay but now we
say you will take back your citizens and
people know not to mess with Trump and
not to mess with our new era of American
greatness. And so border security is so
much more than just the infrastructure
there or the wall or the people. It is
American power that's being asserted
again. May, congratulations. Come back
soon. You're terrific. May Mailman from
the administration. Wonderful job.
Thanks so much.
Thanks, Charlie.