Durbin Questions Witnesses During Senate Judiciary Committee Hearing On Nationwide Injunctions
Durbin questioned witnesses about the legal ramifications of President Trump’s executive order to end birthright citizenship, his attacks on law firms
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today questioned witnesses during a Senate Judiciary Committee hearing entitled “Rule by District Judges II: Exploring Legislative Solutions to the Bipartisan Problem of Universal Injunctions.” Durbin first questioned Samuel Bray, a law professor at the University of Notre Dame Law School, about birthright citizenship. President Trump’s executive order attempting to end birthright citizenship was blocked earlier this year.
“One judge, a Ronald Reagan appointee, said that efforts by the Administration are blatantly unconstitutional. If you accept the normal process which you described to us, how should that case (birthright citizenship) be handled if we’ve done away with the universal application of decisions?” Durbin asked.
Professor Bray responded that the judge blocking President Trump’s executive order is exactly how the “courts are supposed to work. The courts are going to decide the cases. In every single one, the courts will say there’s birthright citizenship under the Constitution [and] that [there] will not actually be a disagreement between the circuit courts and there won’t even need to be a decision from the Supreme Court.”
Durbin responded, “But assume the alternative—that there is a federal judge in some state who says, ‘I think the President is right. I believe birthright citizenship is unconstitutional.’ So you have a case in controversary, and it affects only the cases filed in that [circuit]?”
Professor Bray responded that if that scenario happens and the circuit courts are split, the case will go up to the Supreme Court. He continued, saying that “just because one branch goes beyond its constitutional bounds, doesn’t mean the judiciary should go beyond its [constitutional bounds].”
“In light of individuals personally affected by this [birthright citizenship executive order]—pregnant women, as an example—we just have to let the process play out, is that what you suggest?” Durbin asked to both Professor Bray and Professor Stephen Vladeck, a law professor at Georgetown University Law Center.
Professor Vladeck responded, “I think it’s worth underscoring the human consequences… because if it takes three years for that circuit split to get to the Supreme Court, you’re going to have three years where, in large parts of the country, children born to undocumented parents will not be citizens. Some of those children could be subjected to removal by the United States on the ground that they are not citizens.”
Video of Durbin’s first round of questions in Committee is available here.
Audio of Durbin’s first round of questions in Committee is available here.
Footage of Durbin’s first round of questions in Committee is available here for TV Stations.
Durbin then asked Jesse Panuccio, a partner at Boies Schiller Flexner LLP, about President Trump’s attacks on law firms. Over the past month, President Trump has issued executive orders attacking a number of law firms because they dared to employ attorneys who were involved in litigation or represented clients that President Trump didn’t like.
“What is the impact of those executive orders on the targeted firms?” Durbin asked.
Mr. Panuccio responded that Durbin would “have to ask those law firms what the impact has been,” despite working at a law firm himself.
“What message do you think these executive orders send to the legal community more broadly?” Durbin asked.
Despite working within the legal community, Mr. Panuccio again responded, “I think you’d have to ask the legal community more broadly.”
“I’m asking you—you’re with a law firm and it’s not unreasonable to ask you—has it come up in conversation the last two weeks among your colleagues?” Durbin asked.
Mr. Panuccio responded that he wasn’t invited before the Committee to testify on this topic.
Durbin posed the same question to Professor Vladeck.
Professor Vladeck responded that when the executive branch is openly threatening law firms that criticize the Administration, it threatens the separation of powers.
Video of Durbin’s second round of questions in Committee is available here.
Audio of Durbin’s second round of questions in Committee is available here.
Footage of Durbin’s second round of questions in Committee is available here for TV Stations.
-30-