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4mo ago

Supreme Court to Review Scope of Nationwide Injunctions on Trump’s Birthright Citizenship Order

Oral arguments on May 15 will address whether federal courts can block the executive order nationwide, not its constitutionality.

A view of the U.S. Supreme Court in Washington, U.S., July 19, 2024. REUTERS/Kevin Mohatt/File Photo
WASHINGTON, DC - MAY 01: Demonstrators march in Lafayette Square near the White House to demand the return of Kilmar Armando Abrego Garcia to the United States and to mark the May Day holiday on May 01, 2025 in Washington, DC.
US President Donald Trump during a cabinet meeting at the White House in Washington, DC, on Wednesday, April 30, 2025.
President Donald Trump speaks during a swearing-in ceremony for new U.S. Ambassador to China David Perdue in the Oval Office at the White House on May 07, 2025 in Washington, DC.

Overview

  • President Trump's January 2025 executive order seeks to restrict birthright citizenship for U.S.-born children of parents without legal status or permanent residency.
  • Federal courts in Maryland, Massachusetts, and Washington have issued nationwide injunctions preventing the order from being enforced while legal challenges proceed.
  • The Trump administration has appealed to the Supreme Court, arguing that such injunctions should be limited to named plaintiffs or specific groups, rather than applying nationwide.
  • The Supreme Court's upcoming decision could lead to a patchwork of citizenship rules across states if nationwide injunctions are curtailed.
  • The constitutionality of the executive order itself is not being reviewed at this stage, but legal scholars and advocates warn of significant implications for the 14th Amendment's interpretation.