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Supreme Court Weighs Judges' Power Over Trump's Birthright Citizenship Ban

Plus: Cassie Ventura faces cross examination in Sean "Diddy" Combs' trial

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Good afternoon,

President Trump touched down in the United Arab Emirates (UAE) today, on day three of his whirlwind four-day Middle East trip. He was welcomed, yet again, with all the pomp and circumstance that the Middle East does so well - and that Trump loves.

  • A group of women performed a traditional hair-swaying dance, as Trump arrived. It’s a folk dance often performed by women at special events in the Gulf countries. “What a beautiful city. I love it,” he said in footage from the event.

  • In Qatar, a parade of camels welcomed Trump’s motorcade — which also included red Tesla Cybertrucks. Air Force One was escorted into land by eight Qatari fighter jets. (Saudi Arabia only sent six-fighter jets to greet the president when he landed there.)

    • The Saudis also played “YMCA” for Trump on stage Monday night — his campaign anthem that has its own Trump dance. A non-traditional way to conclude his foreign policy speech 🤣

    • Oh, and the Saudis had a custom-built McDonald's food truck available for him.

Lauren
Producer

🚨 ONE IMPORTANT THING

Supreme Court Wraps Term With High-Stakes Case On Executive Power

Arguments took place in the last case of the Supreme Court term today. It could have massive impacts on how Trump and future presidents implement their policy agenda.

The case centers on whether lower courts overstepped their authority by blocking enforcement of Trump’s birthright citizenship executive order, which the lower courts deemed unconstitutional. This case will not decide whether the birthright citizenship ban — which three lower courts blocked — is constitutional, but whether it and other executive orders can go into effect while litigation plays out.

INSIDE THE ARGUMENTS
Justice Sonia Sotomayor challenged Solicitor General D. John Sauer Thursday over the legality of Trump’s birthright order — which she said appears to violate four Supreme Court precedents.

  • At the center of the arguments is the use of nationwide injunctions, which allow lower court judges to block a law or policy from taking effect nationwide, even for those not involved in a lawsuit.

  • Arguing on behalf of the Trump administration, Sauer said Article III of the Constitution, which ensures the separation of powers between the branches of government, prohibits the courts from issuing nationwide injunctions.

    • "The practical problem is that there are 680 district court judges, and they are dedicated and they are scholarly, and I'm not impugning their motives in any way," Conservative Justice Samuel Alito said. "But you know, sometimes they're wrong, and all Article III judges are vulnerable to an occupational disease, which is the disease of thinking that I am right and I can do whatever I want," he added.

  • It’s both the left & right: During arguments, liberal Justice Sotomayor posed a hypothetical: if a president ordered the military to seize all guns to curb gun violence (gun control being a popular policies with liberals, but not so much with conservatives), would courts have to “sit back and wait” until individual lawsuits came to the court?

    • Sauer suggested emergency class actions could apply, a fast-tracked legal procedure in which a court formally recognizes a group of people (a “class”) as plaintiffs in a lawsuit.

From April 2024. Via: Harvard Law Review.

THE PUSH TO PAUSE
Sauer noted that under recent administrations, judges have increasingly used nationwide injunctions to block presidents’ moves and that they’re usually exercised by judges of the opposite political party from the president. Universal injunctions came into prominence during the Obama and Trump administrations, when federal judges used them to halt significant policies, especially immigration laws.

  • Sauer said so far there have been 40 such injunctions against the Trump administration this term.

    • It should be noted, President Trump has also issued an unprecedented number of executive actions during that time, leading to most of the injunctions.

From April 29. Via: NY Times. Here’s most recent list.

BACK TO BIRTHRIGHT
The 6–3 conservative majority on the Court often hinges on swing votes like Justices Coney Barrett, Kavanaugh, and Roberts. Justices Kavanaugh and Roberts appeared to agree with arguments that narrower legal tools could be used instead to challenge the policy. If it goes that way, the question remains what will happen to the birthright citizenship executive order.

  • Kavanaugh pressed Sauer on what could happen to newborns — about 255,000 who benefit from birthright citizenship each year — if the order takes effect. Sauer said agencies were blocked from drafting guidance for hospitals and states on what to do with these babies, but said that if the ban on the order were lifted, federal agencies would have 30 days before the order takes effect to figure out how hospitals should treat these babies.

    • Under the 14th Amendment, ratified in 1868, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

    • Sauer argued that the broader issue is what he sees as the overuse of universal injunctions, which he claims bypass proper legal procedures.

The case could reshape the balance of power between the executive branch and judiciary. Even if Trump loses on the birthright citizenship injunctions, a ruling limiting nationwide injunctions could help his administration push other executive policies past lower court blocks.

THAT A WRAP
Up next, the Court will now issue written decisions on the cases it heard this term. We’ll be waiting for opinions on bans on transgender care for teens, online porn age verification, and public funding for religious schools. Those controversial cases tend to come out near the end of the Court's term (late June/early July).

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🚨 ONE THING WE’RE WATCHING

Cassie Testifies To Years of Abuse, Coercion, And Control At Diddy Sex Trafficking Trial

Cassandra Ventura, the singer known as Cassie, described in graphic detail being subjected to sexual coercion, blackmail and physical violence during her testimony at ex-boyfriend Sean “Diddy” Combs’ federal sex trafficking and racketeering trial for a third day Thursday.

Combs, a music mogul with a 2024 net worth estimated to be at $400 million, has pleaded not guilty to five counts related to leading a racketeering conspiracy that coerced women — including Cassie — into days-long, drug-fueled sex acts that he referred to as “freak-offs.”

INSIDE THE COURTROOM
Ventura testified that she was coerced into “freak-offs” by Combs, describing them as drug-fueled sexual encounters with male prostitutes that occurred almost weekly for years. During cross-examination on Thursday, defense attorneys presented text messages between Combs and Ventura, including one where he said he wanted “a freak off right now,” to which she replied, “Lol me too. Well I want to have fun with you.” In another message, she responded “yes” when he suggested setting one up.

  • Ventura has recounting relying on drugs to overcome the physical and sexual abuse, testifying they both were addicted drugs at times.

  • She also shared that Combs would exert control over her during their relationship and engaged in instances of physical abuse. “He would bash my head, knock me over, drag me, kick me, stomp me in the head,” she testified.

    • Ventura reached a deal with Combs in November 2023 for an undisclosed amount, one day after filing a lawsuit alleging the rapper raped and physical abused her. Months later, CNN released surveillance video from 2016 that showed Combs beating Ventura down a hallway.

Combs began dating Ventura in 2007, when he was 36 and she was 19. The two had an on-and-off relationship for over ten years. Ventura is married and currently 8 months pregnant with her third child.

Up next: Cross examination of Ventura is set to be wrapped by noon tomorrow. The trial is expected to last 8 to 10 weeks.

⏳ SPEED READ

🚨NATION

📌 Trump highlights potential pay raise for troops, discusses military reforms during Qatar speech (FOX)

📌 Trump to meet South African president amid deteriorating relations (NPR)

📌 Missouri lawmakers approve referendum to repeal abortion-rights amendment (GUARDIAN)

📌 Jake Tapper acknowledges he didn’t sufficiently cover Biden’s decline (MO NEWS)

📌 Harvard Magna Carta ‘copy’ now believed to be genuine (BBC)

📌 After Qatar gift to Trump, Kristi Noem also eyes a fancy new private jet (THE HILL)

🌎 AROUND THE WORLD

📌 Trump says “nothing’s gonna happen” on Ukraine until he meets with Putin (MO NEWS)

📌 U.S. presented Iran with nuclear deal proposal (AXIOS)

 📌 Trump’s pledge to the Middle East: No more ‘lectures on how to live’ (NYT)

📌 Mexican beauty influencer shot dead during TikTok livestream (BBC)

📌 United Kingdom says it’s talking with countries to set up migrant return hubs for rejected asylum seekers (AP)

📱BUSINESS, SCIENCE & TECH

📌 Walmart warns it will raise prices because of tariffs (CNN)

📌 More than 1,200 Starbucks employees have gone on strike to protest a new dress code policy (USA TODAY)

📌 British team set to begin Mt. Everest trek tomorrow using controversial Xenon gas (YAHOO)

📌 US drug overdose deaths fell by nearly 27% last year, reaching lowest levels since 2019 (ABC)

🎬 SPORTS & ENTERTAINMENT

📌 Bruce Springsteen calls Trump administration “corrupt, incompetent and treasonous” in concert (POLITICO)

📌 Christopher Nolan’s The Odyssey adaptation will be the first feature film to be shot entirely on iMax film cameras (HOLLYWOOD REPORTER)

📌 Chris Brown arrested over alleged bottle attack (BBC)

📌 Smokey Robinson is under criminal investigation after housekeepers accuse him of sexual assault (NBC)

 

ICYMI FROM THE 📲

In case you missed it… Pope Leo XIV’s childhood home in Dolton, Illinois was listed for sale in early May, but it was quickly taken off the market once the house’s owner (and their realtor) heard the news that he was elected pope on May 8.

The modest three-bedroom, two-bathroom property had been listed for $199,900. The realtor is now planning the next move. After all, it’s holy real estate. 🏡