May 23rd, 2025
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On Thursday, the Supreme Court seemed determined to reduce the scope of nationwide court orders, even while focusing on blocking President Donald Trump's attempt to limit birthright citizenship.
While the exact consequences of such a decision remained unclear, a majority of the Supreme Court expressed concerns about the potential impact if the Trump administration were allowed to deny citizenship, even temporarily, to children born in the United States to undocumented immigrants.
The Supreme Court heard arguments in an emergency appeal filed by the Trump administration regarding lower court orders that had blocked the administration’s efforts to limit citizenship nationwide.
A nationwide injunction became a key check on President Trump's efforts to reshape the government, fueling growing frustration for the Republican president and his allies.
D. John Sauer, the lead lawyer, told the Supreme Court that judges have issued 40 nationwide orders blocking Trump's policies since he began his second term in January, a point he made early in his two-hour argument.
The issue of birthright citizenship is one of several immigration-related matters that the executive branch has asked the Supreme Court to address urgently.
This type of issue can be addressed and resolved quickly, and there is a possibility it could be implemented nationwide.
However, Soyer stated that the Trump administration might oppose such lawsuits or attempt to delay class action proceedings, based on questions from figures like Justice Amy Coney Barrett.
The Supreme Court rarely discusses urgent appeals, as it almost always focuses on the core substance of disputes.
However, the government hasn't yet challenged the larger issue in the Supreme Court. If the Supreme Court sides with the government regarding nationwide injunctions, it's unclear how long inconsistent citizenship rules will apply to children born in the United States.
A final decision is expected to be made by the end of June.
May 23rd, 2025
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