Overview

• Solicitor General D. John Sauer filed two petitions on Sept. 26 urging the justices to review rulings that blocked President Trump’s executive order curbing birthright citizenship.
• The Justice Department asked the court to take a Ninth Circuit case and a New Hampshire class action, seeking review of the latter even before the First Circuit rules.
• The administration did not request immediate enforcement or an expedited schedule, indicating arguments would likely occur in late winter or spring if review is granted.
• Trump’s Jan. 20 order directs agencies not to recognize citizenship for babies born to parents who are in the U.S. unlawfully or only temporarily, a change opponents say violates the 14th Amendment.
• A June 6–3 Supreme Court ruling narrowed universal injunctions without reaching the merits, while July decisions by the Ninth Circuit and a New Hampshire judge kept the policy blocked, with advocates estimating about 150,000 births a year could be affected.