Overview

• Two petitions filed Friday and docketed Monday seek review of a Ninth Circuit ruling and a New Hampshire class injunction that blocked the order.
• Solicitor General D. John Sauer urges the Court to uphold the policy, asserting lower courts undermined border security and wrongly extended citizenship.
• Multiple judges and a Ninth Circuit panel concluded the order likely violates the 14th Amendment and longstanding precedent, including Wong Kim Ark.
• The Justice Department asks the justices to hear both cases together, including certiorari before judgment in Barbara, to avoid potential standing barriers in Washington.
• Briefing now proceeds on a standard schedule with responses due Oct. 29, and if review is granted the case would likely be argued in 2026 with a decision by late June or early July.