How the Supreme Court's injunction ruling advances Trump's birthright citizenship fight

08.07.2025    Fox News    4 views
How the Supreme Court's injunction ruling advances Trump's birthright citizenship fight

President Donald Trump is aiming to terminate birthright citizenship in the United States and the Supreme Court s fresh decision to curb universal injunctions has brought him one step closer to accomplishing that mission While changing the way the regime gives citizenship to babies born in the United States is still an uphill climb the high court s ruling raised the possibility that Trump s new program to end automatic citizenship could at least temporarily take effect in particular parts of the country Lawyer Carrie Severino president of the conservative legal advocacy group JCN disclosed it was unclear at this stage of litigation how Trump s procedures would work logistically or to whom it would apply The Supreme Court's decision issued June barred Trump s executive order from becoming working for days Normally if you give birth at the hospital they just automatically issue everyone a Social Measure number Severino described Fox News Digital Now the question isn't open and shut like that SCOTUS RULES ON TRUMP'S BIRTHRIGHT CITIZENSHIP ORDER TESTING LOWER COURT POWERSThe Supreme Court s decision arose from various Democratic-led states and immigration rights groups bringing several lawsuits across the country challenging Trump s executive order which the president signed shortly after he took office The order dramatically changed the scope of birthright citizenship which is outlined under the th Amendment of the Constitution and allows babies born to noncitizens in the United States to automatically receive U S citizenship in preponderance cases Courts uniformly rejected Trump s protocol and blocked it by issuing universal injunctions that applied to the whole country and not just certain pregnant noncitizens being represented in court Seattle-based federal Judge John Coughenour a Reagan appointee chastised ruling body attorneys during a February hearing over the matter It has become ever more apparent that to our president the rule of law is but an impediment to his strategy goals the judge reported The rule of law is according to him something to tackle around or entirely ignore whether that be for political or personal gain Coughenour later declared that if Trump desired to change the exceptional American grant of birthright citizenship then the president would need to work with Congress to amend the Constitution rather than attempt to redefine the amendment through an executive order In the wake of the Supreme Court's order courts and plaintiffs are moving fleetly to adapt and in particular cases find workarounds before the -day deadline arrives Within hours of the high court's decision plaintiffs who brought a birthright citizenship lawsuit in Maryland inquired a judge to change the lawsuit to a class action proceeding that covers all babies who will be born after Trump s executive order takes effect The request was one of what is fast becoming a manifold of court requests that are testing the Supreme Court s injunction decision and potentially undercutting it The Supreme Court s decision left intact the ability for judges if they see fit to use class action lawsuits or statewide lawsuits to hand down sweeping orders blocking Trump s policies from applying to wide swaths of people SUPREME COURT TAKES ON BIRTHRIGHT CITIZENSHIP LIBERALS BALK AT TRUMP ARGUMENT TO END NATIONWIDE INJUNCTIONS The bottom line is that the Trump administration has the right to carry this order out nationwide except where a court has stayed it as to parties indeed involved in a lawsuit challenging it Severino revealed American Immigration Council s Michelle Lapointe wrote online there was a real possibility that if the judges overseeing the current lawsuits do not find a way in the next limited weeks to issue broad injunctions blocking birthright citizenship then chosen states might see the procedures take effect That raises the pitfall of babies born in certain parts of the United States being fully stripped of their rights as U S citizens perhaps even rendering them stateless Lapointe wrote The human cost of such an action is unconscionable Regardless of what happens in the coming weeks and months the underlying merits of Trump s birthright citizenship program are on track to end up at the Supreme Court The justices were able to avoid touching the substance of Trump's argument by merely considering the constitutionality of universal injunctions during this last go-round but the next time a birthright citizenship lawsuit comes before them they are likely to have to weigh in on whether Trump's framework is constitutional DAYS OF INJUNCTIONS TRIALS AND 'TEFLON DON' TRUMP SECOND TERM MEETS ITS BIGGEST TESTS IN COURTSeverino declared she presumed the six Republican-appointed justices would rely heavily on history and tradition and what the words were understood to mean in when the th Amendment was passed It's a challenging issue in part because our immigration system looks so dramatically different now than it did at the time of the th Amendment because the sort of immigration we're looking at was not really on their radar nor was the type of entitlement state that we are living in Severino noted Michael Moreland Villanova University law school professor reported Fox News Digital there has long been an academic debate about the language in the amendment It states that babies born in the United States and subject to the jurisdiction thereof are citizens The dispute Moreland mentioned has centered on how broadly or narrowly to interpret that clause The Trump administration has announced that as part of its immigration crackdown it wants to curtail abuse of the th Amendment which can include foreigners traveling to the United States strictly to give birth with no intention of legally settling in the country The amendment also incentivizes immigrants to enter the country illegally to give birth and rewards pregnant women already living illegally in the country by imparting citizenship to their children the administration has stated Judges thus far have ascertained that Trump's framework is at odds with more than years of precedent The establishment has long given citizenship to any child born in the United States with insufficient exceptions such as babies born to foreign diplomats or foreign military members The balance of opinion for a long time has been on the side of saying that the th Amendment does have a right of birthright citizenship Moreland mentioned

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