Overview

• The Justice Department submitted two petitions on Sept. 26–27 seeking Supreme Court review, one from a multi‑state case and another from a New Hampshire class action, for consideration in the new term.
• The administration is not asking to implement the policy while the justices decide whether to hear the cases, and the order remains blocked across the country.
• A Ninth Circuit panel in July found the executive order unconstitutional, and a federal judge in New Hampshire issued a nationwide class injunction protecting all affected newborns.
• In June, the Supreme Court curtailed universal injunctions by lower courts but left room for class-wide and state-led relief, spurring renewed litigation that continues to stop the policy.
• Solicitor General D. John Sauer argues longstanding readings of the 14th Amendment are mistaken and cites border security and “birth tourism,” while challengers including the ACLU and CASA call the order illegal; reporting estimates roughly 150,000 births a year could be affected if it ever took effect.