Supreme Court to consider case on Trump's birthright citizenship order

The United States Supreme Court has announced it will examine a case concerning former President Donald Trumps executive order aimed at limiting birthright citizenship. The 14th Amendment has traditionally guaranteed citizenship to anyone born on U.S. soil, regardless of their parents' immigration status. Trumps administration, however, sought to deny citizenship to children born to immigrants residing in the country unlawfully or temporarily.

The Department of Justice is appealing rulings from two lawsuits challenging the order. One suit, filed by Washington, Arizona, Illinois, and Oregon, saw the Ninth Circuit Court of Appeals rule in favor of the states. Another, brought by New Hampshire as a class action, received nationwide injunction status, effectively blocking the order across the country. Past Supreme Court guidance has allowed nationwide injunctions only in specific scenarios such as class actions.

In the New Hampshire case, plaintiffs are represented by multiple civil rights organizations, including the ACLU branches from New Hampshire, Maine, and Massachusetts, the Legal Defense Fund, Asian Law Caucus, and Democracy Defenders Fund. Cecillia Wang, ACLU national legal director, emphasized the constitutional significance: No president can alter the 14th Amendments guarantee of citizenship. For over 150 years, it has been established law that everyone born on U.S. soil is a citizen from birth. Federal courts have consistently ruled that President Trumps order contradicts the Constitution, the Supreme Courts 1898 ruling, and existing federal law. We look forward to resolving this definitively in the Supreme Court.

Aarti Kohli, executive director of the Asian Law Caucus, highlighted the broader impact, noting that the order could force parents, including U.S. citizens, to prove immigration status to obtain a birth certificate or Social Security number for their child, potentially leading to racial profiling.

Legal analyst Steve Vladeck of Georgetown University Law Center described Trumps order as clearly unconstitutional, predicting the Supreme Court will likely strike it down. He remarked, From the start of this administration, no issue has been more misguided than the attempt to limit birthright citizenship by executive order. Whether due to statutory law, the 14th Amendment, or the Supreme Courts 1898 interpretation, the outcome is expected to go against the administration. The main question is which legal grounds the Court will base its decision on.

The case is ongoing and will be closely watched for its potential to reaffirm the longstanding interpretation of the 14th Amendment.

Author: Jackson Miller