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4mo ago

Supreme Court Examines Nationwide Injunctions in Trump Birthright Citizenship Case

Justices appear skeptical of Trump's executive order but weigh narrowing lower court power to block policies nationwide.

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Hannah Liu, 26, of Washington, holds up a sign in support of birthright citizenship, Thursday, May 15, 2025, outside of the Supreme Court in Washington. "This is enshrined in the Constitution. My parents are Chinese immigrants," says Liu. "They came here on temporary visas so I derive my citizenship through birthright." (AP Photo/Jacquelyn Martin)
American flags are seen during a protest outside the US Supreme Court over President Donald Trump's move to end birthright citizenship as the court hears arguments over the order in Washington, DC, on May 15.
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Overview

  • President Trump's executive order seeks to deny birthright citizenship to children of undocumented or temporary-status parents, challenging long-standing 14th Amendment interpretations.
  • The Supreme Court is focusing on whether federal judges can issue nationwide injunctions, rather than directly addressing the order's constitutionality.
  • Several justices, including conservatives, raised concerns about the potential chaos and legal disuniformity if nationwide injunctions are curtailed.
  • Justice Sonia Sotomayor highlighted the risk of rendering children stateless under the executive order, while others questioned its alignment with over a century of precedent.
  • A decision on the procedural question of injunctions is expected by late June, with broader implications for executive authority and judicial checks.