Birthright Citizenship: Supreme Court To Decide Trump Executive Order Today—What To Know

Forbes

15 hours ago

The Supreme Court is set to decide the fate of President Donald Trump's executive order restricting birthright citizenship on Friday, a decision that marks the first major Supreme Court ruling of the president's second term—and one that could impact litigation against him going forward, as justices could restrict lower courts from banning his policies nationwide.
President Donald Trump speaks to reporters on the South Lawn at the White House on June 15. Getty Images
The Supreme Court is set to issue its ruling Friday in Trump v. CASA Inc., a case consolidating several lawsuits against Trump's executive order, which reverses longstanding Constitutional precedent to bar children born in the U.S. from automatically getting citizenship at birth if their parents aren't U.S. citizens or permanent residents.
Trump asked the Supreme Court to take up the legality of his executive order after lower courts unanimously blocked it, and the policy has not yet taken effect.
The president also asked justices to rule on whether federal judges representing a single state or region can impose injunctions that block a policy nationwide, meaning courts would not be able to unilaterally block his agenda going forward unless the Supreme Court rules.
Trump's request to the court on nationwide injunctions comes as administration officials and allies have repeatedly complained about federal judges blocking the president's policies, claiming judges are abusing their power and are biased against him politically.
The court's decision will come out when it releases opinions in the case at 10 a.m. EDT. The decision will the first major ruling by the Supreme Court on Trump's second-term policies. While justices have now issued a number of rulings regarding Trump policies on its 'shadow docket'—meaning it issues quicker rulings on issues without taking them up for oral argument first—the birthright citizenship dispute will mark the first time since Inauguration Day that justices held arguments regarding a Trump policy and then issued an opinion. But it's unlikely to be the last: hundreds of lawsuits have been brought against the Trump administration in the months since Trump took office, and the court is expected to make the final call in a number of major disputes on everything from immigration to the economy. A group of small businesses asked the court in mid-June to take up Trump's sweeping 'Liberation Day' tariffs and whether they're lawful, after lower courts blocked the tariffs but appeals courts then put them back into effect while the litigation moves forward. Plaintiffs have asked the Supreme Court to hold oral arguments over Trump tariffs right after its next term starts in the fall, and while the court rejected that request to expedite the case, it still could take up the dispute. Big Number
More than 90. That's the approximate number of preliminary injunctions that have been issued against the Trump administration since Inauguration Day, including the ones on Trump's birthright citizenship order that prompted the dispute at the Supreme Court. That number only includes injunctions, which keep a policy on hold while a case moves forward, and does not include quicker temporary restraining orders, which judges use to immediately block a policy while they deliberate on whether to issue a more lasting order. Judges have also issued numerous temporary restraining orders against the Trump administration, which have similarly applied nationwide.
While the Supreme Court has only issued one ruling on the Trump administration's policies after hearing oral arguments, the court's quicker 'shadow docket' rulings have largely come out in favor of the president. The court has so far ruled 14 times on Trump administration policies, not including the birthright citizenship case. Of those, the 6-3 conservative court has ruled in the Trump administration's favor nine times, while only three cases have come out against him. Another two rulings have been mixed, with aspects of it both for and against Trump. That being said, Trump has still stewed over the Supreme Court justices he appointed in his first term not being as favorable to him as he hoped, CNN reported in early June, with anonymous sources saying the president has expressed 'particular ire' at Justice Amy Coney Barrett.
Trump's birthright citizenship order was one of the first the president issued after his inauguration, after Trump long suggested he could take aim at the policy as part of his wider immigration crackdown. The executive order sparked a number of lawsuits and the first district and appeals court rulings of Trump's second terms, with judges broadly decrying Trump's effort to change the longstanding Constitutional protection. 'The president cannot change, limit, or qualify this Constitutional right via an executive order,' Judge John Coughenour wrote in his ruling blocking the policy. As more court rulings against the president followed, with judges blocking other policies nationwide, the Trump administration and its allies increasingly started taking aim at judges, claiming they were abusing their authority to usurp the president's agenda and claiming judges have been harsher on Trump than courts were on other previous presidents. They also started specifically complaining about judges imposing orders that went beyond their districts: White House Press Secretary Karoline Leavitt decried Judge James Boasberg for blocking the Trump administration from halting deportation flights to El Salvador, for instance, claiming, 'A single judge in a single city cannot direct the movements of an aircraft carrier full of foreign alien terrorists who were physically expelled from U.S. soil.' In addition to the Trump administration taking the issue to the Supreme Court, Trump's allies in Congress have also sought to solve the issue of lower courts issuing nationwide injunctions, introducing legislation that would prohibit judges' ability to issue orders beyond the region their court covers. That bill is unlikely to become law, however, given it would need 60 votes in the narrowly divided Senate.
Further Reading: Forbes Supreme Court Suggests It Won't Allow Trump's Birthright Citizenship Ban—But Could Limit How Other Policies Can Be Blocked By Alison Durkee Forbes Can Trump End Birthright Citizenship? What To Know After Judge Blocks Executive Order By Alison Durkee