WASHINGTON — The Supreme Court on Friday allowed the Trump administration to take steps to implement its contentious proposal to end automatic birthright citizenship.
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 groups and individuals that sued. That means the birthright citizenship proposal can move forward in the states that challenged it as well as those that did not.
The policy remains blocked for now in one additional state, New Hampshire, as a result of a separate lawsuit that is not before the Supreme Court.
The court also said that the administration can continue working administratively on how the policy would be implemented.
As a result, the proposal can now move forward nationwide, although individual plaintiffs could still file their own lawsuits in those states and the current challengers can still move to reinstate injunctions that are less broad in scope. Trump’s original executive order said the plan would go into effect after 30 days, but it was almost immediately blocked.
The decision does not address the legal merits of the plan, but only whether judges had the authority to put it on hold across the entire country. President Donald Trump and his MAGA allies have been harshly critical of judges who have blocked aspects of his agenda, although it is not a new phenomenon for courts to impose nationwide injunctions.
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.
Trump’s executive order, issued on his first day in office in January, was immediately challenged, and every court that has ruled on the proposal so far has blocked it. At issue at the Supreme Court were cases filed in Maryland, Massachusetts and Washington state.
In court papers, former acting Solicitor General Sarah Harris said judges did not have the authority to issue nationwide injunctions and that the states that sued did not have legal standing.
The Trump plan has the backing of 21 other states.
The administration has complained bitterly as judges have issued nationwide injunctions in response to Trump’s bold and aggressive use of executive power to implement his contentious agenda, which has included ramping up deportations, downsizing federal agencies, targeting law firms and universities, and firing thousands of federal employees.
Justice Department officials say there have been dozens such rulings and have described them as being an unconstitutional attack on the president’s authority. Previous administrations, both Republican and Democratic, have also had their agenda’s threatened by nationwide injunctions, although they have become more commonplace in recent years.
Supreme Court curbs injunctions that blocked Trump’s birthright citizenship plan WHEC.com.
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