Supreme Court to Finally Hear Birthright Citizenship Case

Legal battles over President Trump's unprecedented efforts to challenge birthright citizenship have been ongoing since the start of his second term. On Friday, the Supreme Court confirmed it will evaluate the case on its merits.

An earlier confrontation regarding Trumps executive order which sought to deny automatic citizenship to children born in the U.S. to temporary visitors and undocumented immigrants had previously reached the Supreme Court. However, the Court did not address the fundamental question of the orders constitutionality at that time.

Following that case, in June, the Court significantly restricted the power of district courts to issue nationwide injunctions, a tool previously used by multiple federal judges to block the proposed birthright citizenship policy. This limitation allowed class action lawsuits to remain a viable path to contest the policy, which the ACLU pursued after the summer decision.

The Supreme Court will now determine whether the policy violates 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, as well as the laws reinforcing it.

No date for oral arguments has been scheduled yet. The case is expected to serve as a key measure of the conservative justices stance toward the president, reflecting a theory that, once considered marginal, has gained traction in conservative legal circles during the Trump era.

Author: Maya Henderson