# Why Are We Here?

An episode of [Divided Argument](https://invisiblenetwork.ai/podcast/1567718103), 27 Jun 2025, 1 h 12 min.

Audio: https://op3.dev/e/dts.podtrac.com/redirect.mp3/media.beamly.com/GxB3tIWgJ0MCDbmD/GxB3ykF8pz0UMRya/GxB3ynasa6wAs476/da536bfdfcad.mp3

We celebrate the 100th episode of the podcast with a special cross-over episode with Sarah Isgur at Advisory Opinions! Sarah, Will, and Dan break down today's blockbuster decision in Trump v. CASA, forbidding universal injunctions (and not saying much about birthright citizenship).

## Transcript

[59:14] It was kind of teed up in the student loans case, Missouri v. Biden, where, full disclosure, Sam Bray and I wrote an amicus brief. That's what turned it into the Harvard Larry article that's cited here. But then, it kind of fell out of the case awkwardly. So, it would have been better for the court to ask for some \[unintelligible briefing on it and do it in that case, for all the reasons you say. But I do fear the universal injunctions are unconstitutional, except for during the four years of the Biden administration when we needed them, is not a good luck for the court.

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