Overview

• In a joint status update, DOJ attorneys told US District Judge John Coughenour that Solicitor General D. John Sauer will file a certiorari petition expeditiously to bring Trump’s January 20 birthright citizenship order before the Supreme Court
• Sauer has not yet decided whether to advance the Seattle case or combine it with appeals from New Hampshire and Massachusetts in preparing the petition
• On July 23, a unanimous 9th US Circuit Court of Appeals upheld a nationwide injunction and other appellate panels have similarly ruled the policy conflicts with 14th Amendment guarantees
• District courts in Washington, Maryland, New Hampshire and Massachusetts continue to block enforcement of the executive order, keeping it unenforceable pending Supreme Court action
• If the Supreme Court agrees to review the case,Justices would confront whether an executive order can override birthright citizenship, with a potential decision by mid-2026