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Fourth Federal Judge Blocks Trump’s Order Ending Birthright Citizenship

The Justice Department is pressing the Supreme Court to take up the case on an emergency docket ahead of a mid-2026 ruling.

Overview

  • A federal judge in Maryland issued a fourth nationwide injunction blocking Trump’s January executive order to rescind birthright citizenship.
  • The decision follows similar nationwide blocks by courts in Seattle, Boston and New Hampshire and a Ninth Circuit affirmation on July 23.
  • In June the Supreme Court limited lower courts’ authority to impose nationwide injunctions without resolving the order’s legality.
  • The Justice Department plans to file an emergency petition with the Supreme Court seeking prompt clarification of the decree.
  • Trump’s order challenges the 14th Amendment’s century-old jus soli guarantee by adopting a narrow interpretation of “subject to the jurisdiction.”