Particle.news

Download on the App Store

Supreme Court to Weigh Nationwide Injunctions on Trump’s Birthright Citizenship Policy

Justices will hear arguments on May 15 about limiting injunctions but will not address the constitutionality of Trump’s executive order.

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.
Image

Overview

  • President Trump’s executive order seeks to restrict birthright citizenship for children of noncitizen parents, challenging long-standing interpretations of the 14th Amendment.
  • Federal courts have issued nationwide injunctions blocking the order, which the Trump administration argues should be limited to the specific parties involved in the lawsuits.
  • The Supreme Court will focus solely on whether lower courts can issue nationwide injunctions, leaving the broader constitutional question unresolved for now.
  • Legal experts warn that narrowing injunctions could create a patchwork of citizenship rules, leading to unequal treatment based on state or jurisdiction.
  • Some justices, including Neil Gorsuch and Elena Kagan, have previously criticized nationwide injunctions as unworkable and prone to forum shopping.