Supreme Court Curbs Injunctions That Block Trump’s Birthright Citizenship Plan

In a 6-3 decision, the Supreme Court has granted a partial stay of nationwide injunctions issued by district courts against Donald Trump’s executive order to effectively end birthright citizenship ruling that individual federal judges do not have the authority to issue nationwide injunction.

The decision gives Trump a procedural win, but leaves the issue of birthright citizenship unresolved.

The Trump administration wants to end automatic birthright citizenship as enshrined in the Constitution’s 14th Amendment. Every court that’s ruled on the measure thus far has blocked it.

Today’s SCOTUS ruling was in response to injunctions issued in Maryland, Massachusetts and Washington state.

From NBC News:

In a 6-3 vote, the court granted a request by the Trump administration to narrow the scope of nationwide injunctions imposed by judges so that they apply only to states, groups and individuals that sued.

That means the birthright citizenship proposal can likely move forward at least in part in the states that challenged it as well as those that did not.

It has long been widely accepted, including by legal scholars on left and right, that the Constitution’s 14th Amendment confers automatic citizenship to almost anyone born in the United States.

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” the amendment says. Based on historical practice, the only exception is people who are the children of diplomats.

Trump wants to adopt a completely new meaning of the language that would confer citizenship only on those who have at least one parent who is a U.S. citizen or permanent resident.

The high court emphasized that they are NOT deciding on the question of birthright citizenship, and makes clear Trump’s executive order will not take effect for 30 days, which will give time to stop it through other means.


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