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yesterday

Supreme Court Reviews Limits on Nationwide Injunctions in Trump Birthright Citizenship Case

Oral arguments focus on judicial authority to block executive orders nationwide, with decision expected by late June.

(Illustration from Getty Images)
Supreme Court
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SAN LUIS, ARIZONA- MAY 21: A U.S. Border Patrol agent helps a pregnant immigrant from Haiti who was having contractions to an ambulance, after she crossed from Mexico, with the U.S.-Mexico border barrier in the background, on May 21, 2022 in San Luis, Arizona. A U.S. Border Patrol agent opened a gate in the barrier to allow paramedics to reach her as she was initially having contractions on the other side of the barrier, while still technically in the United States. She had been stranded behind the barrier with other immigrants, some of whom said they had been waiting for two days to be picked up by Border Patrol. Title 42, the controversial pandemic-era border policy enacted by former President Trump, which cites COVID-19 as the reason to rapidly expel asylum seekers at the U.S. border, was set to officially expire on May 23rd. A federal judge in Louisiana delivered a ruling yesterday blocking the Biden administration from lifting Title 42. (Photo by Mario Tama/Getty Images)

Overview

  • The U.S. Supreme Court heard arguments on May 15 regarding the authority of lower courts to issue nationwide injunctions, rather than the constitutionality of President Trump's executive order on birthright citizenship.
  • Trump's January 2025 order seeks to deny automatic citizenship to children born in the U.S. to noncitizen parents, citing a reinterpretation of the 14th Amendment's Citizenship Clause.
  • Liberal justices questioned how to halt the executive order's implementation without nationwide injunctions, while conservative justices raised concerns about the historical validity of such remedies.
  • U.S. Solicitor General John Sauer argued that nationwide injunctions exceed traditional judicial authority and called for limiting their use to prevent disruption of executive policies.
  • A decision on the scope of nationwide injunctions is anticipated by the end of June, with potential implications for judicial checks on presidential actions.