JUNE 27 2025

Supreme Court limits nationwide injunctions, but fate of Trump birthright citizenship order unclear

The Supreme Court has ruled that federal judges cannot issue nationwide injunctions, a decision that may impact President Trump's order to restrict birthright citizenship. While this ruling is seen as a win for Trump, the ultimate fate of his birthright citizenship policy remains uncertain. The court's decision, authored by Justice Amy Coney Barrett, states that judges lack the authority to grant universal injunctions, which had become a significant check on Trump's executive actions. The birthright citizenship order aimed to deny citizenship to U.S.-born children of individuals in the country illegally or temporarily. Cases challenging this order will now return to lower courts, where judges must adapt their rulings to comply with the Supreme Court's decision, which takes effect in 30 days. This could lead to a patchwork of differing rules across the country. The justices agreed with both the Trump and Biden administrations that judges were overreaching by issuing orders that applied to everyone, not just the parties involved in a lawsuit. Justice Sonia Sotomayor, in dissent, argued that the decision opens the door for the government to bypass the Constitution. However, the Supreme Court did not rule on the birthright citizenship policy itself, only on the scope of injunctions. Rights groups and states are exploring ways to continue challenging the policy, potentially through class-action lawsuits or by arguing for nationwide holds to protect their interests. Birthright citizenship, enshrined in the 14th Amendment, automatically grants U.S. citizenship to nearly everyone born in the United States.

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