Overview

• Two Justice Department petitions filed Friday were docketed Monday, asking the justices to review a Ninth Circuit ruling and a New Hampshire class action challenging the order, with responses due Oct. 29.
• The administration seeks a decision by next summer under the Court’s regular merits schedule and did not request extraordinary fast-track treatment.
• In June the Court curtailed universal injunctions without reaching the constitutional question, and subsequent classwide rulings have continued to bar enforcement nationwide.
• Trump’s January order would deny automatic citizenship to U.S.-born children unless at least one parent is a citizen or lawful permanent resident, and the government argues the 14th Amendment does not cover children of temporary visitors or people lacking authorization.
• Challengers include the ACLU and Democratic-led states, and every court to address the merits so far has found the order likely unconstitutional, citing the 14th Amendment and precedent such as Wong Kim Ark.