On Friday, the Supreme Court of the United States (SCOTUS) gave Trump a green light to move forward with one of his most controversial executive orders: restricting birthright citizenship for children born in the U.S. to parents without full legal status.
The 6–3 ruling does not determine whether the order itself is constitutional. Instead, it blocked the ability of federal judges to stop such policies from taking effect nationwide while lawsuits are being argued in court. That small technicality might have enormous consequences.
What Was the Ruling?
This decision limits one of the few tools lower courts had to block executive overreach: the nationwide injunction.
A universal injunction (sometimes called a nationwide injunction) is when a judge blocks a government policy not just for the people who sued, but for everyone in the country. Courts have used these in recent years to stop policies they believe are illegal.
The court did not rule on the constitutionality of birthright citizenship; it only ruled on the scope of these injunctions. In this case, lower courts had issued universal injunctions to stop Trump’s unconstitutional order to end birthright citizenship. That meant the order was paused everywhere, while lawsuits played out.
The Supreme Court has now ruled that judges can’t block federal policies nationwide unless it’s the only way to protect the specific plaintiffs in a case.
What Happens Now?
From now on, court orders can mostly only protect the people or states that filed the lawsuit. This means Trump’s order can now take effect in 28 states that didn’t sue, even though the policy is still being challenged in court.
This matters for everyone, and it is about more than birthright citizenship. It gives more power to the executive branch and is an attack on how checks and balances are meant to work in this country.
This SCOTUS decision will make it easier for the President to issue policies that immediately impact a large number of people, while also making it more difficult to challenge or block them. A variety of Trump’s policies have been blocked by universal injunctions, and now there’s a real chance they could be revived. This could have serious consequences for trans people, DACA recipients, religious minorities, places of worship, and the many other groups the Trump Administration’s policies target.
Overall, this move weakens the checks and balances between the judicial and executive branches. People without the time, money, or legal support to file a case of their own will be left vulnerable.
Where This Leaves Us
This ruling is not the end of birthright citizenship (at least for now) since lawsuits involving the policy are still ongoing throughout the nation. However, this paves the way for more of the President’s executive orders, constitutional or not, to remain in place and represents a major shift in the federal courts’ ability to respond.
Whether you’re an immigrant, an ally, or just someone who believes in the principles of the U.S. Constitution, this decision is significant. It diminishes the courts’ ability to hold this Administration, and future ones, accountable and puts birthright citizenship, an enshrined right that’s been part of this country for more than 150 years, on thin ice.
The post The Birthright Citizenship Ruling Affects Everyone first appeared on McEntee Law Group.