Three judges have blocked the president’s order restricting birthright citizenship.
One of the many lawsuits contesting President Donald Trump’s agenda will hit the Supreme Court for oral argument for the first time on May 15.
The case arises from a challenge to Trump’s birthright citizenship executive order. The hearing is unusual in that it stems from a preliminary appeal in which the Trump administration is challenging a federal judge’s use of nationwide injunctions to block the president’s agenda.
With more than 100 lawsuits against Trump’s policies, lower court judges have issued a raft of nationwide injunctions halting parts of the administration’s agenda, from federal spending freezes to immigration enforcement to canceling diversity, equity, and inclusion programs.
The injunctions are highly controversial because they impose policy changes for the entire country rather than offer relief only for plaintiffs in the lawsuits, drawing scrutiny from some Supreme Court justices and members of Congress.
Trump has said they are detrimental to the nation’s future.
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“STOP NATIONWIDE INJUNCTIONS NOW, BEFORE IT IS TOO LATE. If Justice Roberts and the United States Supreme Court do not fix this toxic and unprecedented situation IMMEDIATELY, our Country is in very serious trouble!”
Meanwhile, the hearing may also touch on questions about the constitutionality of Trump’s order on birthright citizenship. The order challenged the idea that birthright citizenship allows an illegal immigrant’s child to receive citizenship if born in the United States.
It also states that the privilege of U.S. citizenship does not apply to an individual whose mother’s presence was lawful but temporary and whose father was neither a citizen nor a lawful permanent resident at the time of that individual’s birth.
Nationwide Injunctions
The issue of whether judges have been exceeding their authority in nationwide blocks on policies has previously been raised before the Supreme Court.
“While the parties litigate weighty questions, the Court should ‘restrict the scope’ of multiple preliminary injunctions that ‘purport to cover every person … in the country,’ limiting those injunctions to parties actually within the courts’ power,” she wrote in a filing.
Competitive Enterprise Institute attorney Devin Watkins told The Epoch Times that the dispute before the high court on Thursday “really doesn’t have anything to do with the merits of the government’s position on birthright citizenship.”
Rather, the key question of this appeal, he said, is whether lower courts have the power to issue blocks that affect those who are not parties to the lawsuit.
Weighing Harms
According to Harris, the blocks on Trump’s policy created “irreparable harm,” which is one of the factors courts consider when deciding whether to issue injunctions. She said that courts “irreparably injure our democratic system when they forbid the government from effectuating … policies against anyone anywhere in the Nation.”
“Children will lose access to health care and may indeed be deported, notwithstanding that at the conclusion of the litigation they will be found to have been U.S. citizens all along,” their brief read.
Republicans have argued that Article III of the Constitution limits relief to parties involved in a case and introduced legislation attempting to limit judges’ authority in this area. They’ve pointed to the constitutional phrasing “cases and controversies.”
Florida State University Law Professor Jacob Eisler, however, told The Epoch Times that Trump’s policies have nationwide implications. Relief, therefore, could not be confined to discrete parties before the court.
While some of the plaintiffs suing Trump are pregnant immigrants, others have included state governments.
In issuing one of the injunctions before the high court, U.S. District Judge John Coughenour said in February that a geographically limited injunction would be “ineffective” because plaintiff states would have to pay for the children of illegal immigrants who travel from other states.
“For example,” he said, “babies born in other states would travel to the Plaintiff States. Once they do, those persons would be eligible for service and support that, without nationwide relief, need be funded by the Plaintiff States.”
Constitutional Questions
Even though the argument will focus on judges’ ability to issue sweeping injunctions, Georgetown University Law Professor David Super told The Epoch Times that the justices will also likely consider the constitutionality of Trump’s birthright policy.
“On this one, the merits are pretty closely entwined with the relief,” Super said, for those affected by the policy.
The hearing could result in the justices remanding or sending the group of birthright citizenship cases back to lower courts with further instructions. In contrast to typical Supreme Court cases, they’re expected to offer tentative legal conclusions rather than an outright ruling that Trump’s order is unconstitutional.
They could also comment on whether New Jersey and others challenging the administration are likely to succeed in arguing that Trump’s order violates the Constitution. At oral argument, the justices could ask about the text of the 14th Amendment and how it has ruled on birthright citizenship in previous cases.
Those disagreeing with Trump’s order on birthright citizenship point to something known as the citizenship clause, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Both sides disagree over who exactly is protected by that language.
The states and other entities suing the administration say this case shows that the children of illegal immigrants should receive citizenship. In their amicus brief, Congressional Democrats said that “the plain language of the Fourteenth Amendment confers citizenship on all persons born in the United States and subject to its laws.”
But the administration and others, like the state of Tennessee and some members of Congress, have argued it’s more limited.
“There is widespread agreement,” the members said, that the amendment “means that children born in the United States to ambassadors or invading soldiers would not receive citizenship under the Fourteenth Amendment.” They added that “the best reason is because they do not owe total allegiance to the United States.”