Donald Trump chalks up 'giant win' as Supreme Court limits judges' power to block his orders
The court issued a 6-3 ruling on Friday, local time, in a case built on the president's executive order on removing birthright citizenship, which would strip the children of undocumented and illegal migrants born in America of the right to automatic US citizenship.
Speaking at a White House press conference called after the ruling, Mr Trump said it had been a victory over "radical left judges" whose behaviour he considered "a great threat to democracy".
However, the ruling authored by conservative justice Amy Coney Barrett did not let Mr Trump's policy on birthright citizenship go into effect immediately and did not address the policy's legality.
The justices granted a request by the Trump administration to narrow the scope of three nationwide injunctions issued by federal judges in Maryland, Massachusetts and Washington state that halted enforcement of his directive while litigation challenging the policy plays out.
With the court's conservative justices in the majority and its liberals dissenting, the ruling specified that Mr Trump's executive order cannot take effect until 30 days after Friday's ruling.
"No one disputes that the Executive has a duty to follow the law," Justice Barrett wrote. "But the Judiciary does not have unbridled authority to enforce this obligation — in fact, sometimes the law prohibits the Judiciary from doing so."
Justice Sonia Sotomayor, in a dissent joined by the court's other two liberal members, wrote:
"The majority ignores entirely whether the President's executive order is constitutional, instead focusing only on the question whether federal courts have the equitable authority to issue universal injunctions. Yet the order's patent unlawfulness reveals the gravity of the majority's error and underscores why equity supports universal injunctions as appropriate remedies in this kind of case."
On his first day back in office, Mr Trump signed an executive order directing federal agencies to refuse to recognise the citizenship of children born in the United States who do not have at least one parent who is an American citizen or lawful permanent resident, also called a "green card" holder.
More than 150,000 newborns would be denied citizenship annually under Mr Trump's directive, according to the plaintiffs who challenged it, including the Democratic attorneys general of 22 states as well as immigrant rights advocates and pregnant immigrants.
The case before the Supreme Court was unusual in that the administration used it to argue that federal judges lack the authority to issue nationwide, or "universal", injunctions, and asked the justices to rule that way and enforce the president's directive even without weighing its legal merits.
In her dissent, Justice Sotomayor said Mr Trump's executive order is obviously unconstitutional. So rather than defend it on the merits, she wrote, the Justice Department "asks this court to hold that, no matter how illegal a law or policy, courts can never simply tell the executive to stop enforcing it against anyone".
"The gamesmanship in this request is apparent and the Government makes no attempt to hide it," Justice Sotomayor wrote. "Yet, shamefully, this Court plays along."
Federal judges have taken steps including issuing nationwide orders impeding Mr Trump's aggressive use of executive action to advance his agenda.
The plaintiffs argued that Mr Trump's directive ran afoul of the 14th Amendment, which was ratified in 1868 in the aftermath of the Civil War of 1861-1865 that ended slavery in the United States.
The 14th Amendment's citizenship clause states that all "persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside".
The administration contends that the 14th Amendment, long understood to confer citizenship to virtually anyone born in the US, does not extend to immigrants who are in the country illegally or even to immigrants whose presence is lawful but temporary, such as university students or those on work visas.
The Supreme Court, which has a 6-3 conservative majority, has handed Mr Trump some important victories on his immigration policies since he returned to office in January.
On Monday, it cleared the way for his administration to resume deporting migrants to countries other than their own without offering them a chance to show the harms they could face.
In separate decisions on May 30 and May 19, it let the administration end the temporary legal status previously given by the government to hundreds of thousands of migrants on humanitarian grounds.
But the court on May 16 kept in place its block on Mr Trump's deportations of Venezuelan migrants under a 1798 law historically used only in wartime, faulting his administration for seeking to remove them without adequate due process.
The court heard arguments in the birthright citizenship dispute on May 15. US Solicitor General D John Sauer, representing the administration, told the justices that Mr Trump's order "reflects the original meaning of the 14th Amendment, which guaranteed citizenship to the children of former slaves, not to illegal aliens or temporary visitors".
An 1898 US Supreme Court ruling in a case called United States v Wong Kim Ark has long been interpreted as guaranteeing that children born in the US to non-citizen parents are entitled to American citizenship.
Mr Trump's administration has argued that the court's ruling in that case was narrower, applying to children whose parents had a "permanent domicile and residence in the United States".
Universal injunctions have been opposed by presidents of both parties — Republican and Democratic — and can prevent the government from enforcing a policy against anyone, instead of just the individual plaintiffs who sued to challenge the policy.
Proponents have said they are an efficient check on presidential overreach, and have stymied actions deemed unlawful by presidents of both parties.
Reuters/ABC
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The Advertiser
an hour ago
- The Advertiser
US cuts short Gaza ceasefire talks, bringing team home
The US is cutting short Gaza ceasefire talks and bringing home its negotiating team from Qatar, after the latest response from Hamas "shows a lack of desire to reach a ceasefire in Gaza," Donald Trump's envoy says. Special envoy Steve Witkoff flagged that the US will now consider alternative options to bring Israeli hostages home. "While the mediators have made a great effort, Hamas does not appear to be coordinated or acting in good faith," Witkoff said. He said it was "a shame that Hamas has acted in this selfish way" and that the US is "resolute" in seeking an end to the conflict in Gaza. A breakthrough in talks on a ceasefire deal between Israel and Hamas has eluded the Trump administration for months as conditions worsen in Gaza. The territory recently had its deadliest day yet for aid-seekers in over 21 months of war, with at least 85 Palestinians killed while trying to reach food on Sunday. Dozens of people have starved to death in recent weeks in Gaza. The sides have held weeks of talks in Qatar, reporting small signs of progress but no major breakthroughs. Officials have said a main sticking point is the redeployment of Israeli troops after any ceasefire takes place. Earlier Thursday, Israeli Prime Minster Benjamin Netanyahu's office recalled his country's negotiating team back to Israel in light of Hamas' response. In a brief statement, the prime minister's office expressed its appreciation for the efforts of Witkoff and mediators Qatar and Egypt, but it gave no further details. The deal under discussion is expected to include a 60-day ceasefire in which Hamas would release 10 living hostages and the remains of 18 others in phases in exchange for Palestinians imprisoned by Israel. Aid supplies would be ramped up and the two sides would hold negotiations on a lasting truce. The talks have been bogged down over competing demands for ending the war. Hamas says it will only release all hostages in exchange for a full Israeli withdrawal and end to the war. Israel says it will not agree to end the war until Hamas gives up power and disarms, a condition the militant group rejects. The State Department said earlier in the week that Witkoff would be travelling to the Middle East for talks, but US officials later said that Witkoff would instead travel to Europe. It was unclear if he was holding meetings there on Thursday. Trump earlier this month met Netanyahu at the White House, putting his weight behind a push to reach a breakthrough and a ceasefire agreement. But despite his newly strengthened partnership with Netanyahu following their countries' joint strikes on Iran, the Israeli leader left Washington without any announced breakthrough. The US is cutting short Gaza ceasefire talks and bringing home its negotiating team from Qatar, after the latest response from Hamas "shows a lack of desire to reach a ceasefire in Gaza," Donald Trump's envoy says. Special envoy Steve Witkoff flagged that the US will now consider alternative options to bring Israeli hostages home. "While the mediators have made a great effort, Hamas does not appear to be coordinated or acting in good faith," Witkoff said. He said it was "a shame that Hamas has acted in this selfish way" and that the US is "resolute" in seeking an end to the conflict in Gaza. A breakthrough in talks on a ceasefire deal between Israel and Hamas has eluded the Trump administration for months as conditions worsen in Gaza. The territory recently had its deadliest day yet for aid-seekers in over 21 months of war, with at least 85 Palestinians killed while trying to reach food on Sunday. Dozens of people have starved to death in recent weeks in Gaza. The sides have held weeks of talks in Qatar, reporting small signs of progress but no major breakthroughs. Officials have said a main sticking point is the redeployment of Israeli troops after any ceasefire takes place. Earlier Thursday, Israeli Prime Minster Benjamin Netanyahu's office recalled his country's negotiating team back to Israel in light of Hamas' response. In a brief statement, the prime minister's office expressed its appreciation for the efforts of Witkoff and mediators Qatar and Egypt, but it gave no further details. The deal under discussion is expected to include a 60-day ceasefire in which Hamas would release 10 living hostages and the remains of 18 others in phases in exchange for Palestinians imprisoned by Israel. Aid supplies would be ramped up and the two sides would hold negotiations on a lasting truce. The talks have been bogged down over competing demands for ending the war. Hamas says it will only release all hostages in exchange for a full Israeli withdrawal and end to the war. Israel says it will not agree to end the war until Hamas gives up power and disarms, a condition the militant group rejects. The State Department said earlier in the week that Witkoff would be travelling to the Middle East for talks, but US officials later said that Witkoff would instead travel to Europe. It was unclear if he was holding meetings there on Thursday. Trump earlier this month met Netanyahu at the White House, putting his weight behind a push to reach a breakthrough and a ceasefire agreement. But despite his newly strengthened partnership with Netanyahu following their countries' joint strikes on Iran, the Israeli leader left Washington without any announced breakthrough. The US is cutting short Gaza ceasefire talks and bringing home its negotiating team from Qatar, after the latest response from Hamas "shows a lack of desire to reach a ceasefire in Gaza," Donald Trump's envoy says. Special envoy Steve Witkoff flagged that the US will now consider alternative options to bring Israeli hostages home. "While the mediators have made a great effort, Hamas does not appear to be coordinated or acting in good faith," Witkoff said. He said it was "a shame that Hamas has acted in this selfish way" and that the US is "resolute" in seeking an end to the conflict in Gaza. A breakthrough in talks on a ceasefire deal between Israel and Hamas has eluded the Trump administration for months as conditions worsen in Gaza. The territory recently had its deadliest day yet for aid-seekers in over 21 months of war, with at least 85 Palestinians killed while trying to reach food on Sunday. Dozens of people have starved to death in recent weeks in Gaza. The sides have held weeks of talks in Qatar, reporting small signs of progress but no major breakthroughs. Officials have said a main sticking point is the redeployment of Israeli troops after any ceasefire takes place. Earlier Thursday, Israeli Prime Minster Benjamin Netanyahu's office recalled his country's negotiating team back to Israel in light of Hamas' response. In a brief statement, the prime minister's office expressed its appreciation for the efforts of Witkoff and mediators Qatar and Egypt, but it gave no further details. The deal under discussion is expected to include a 60-day ceasefire in which Hamas would release 10 living hostages and the remains of 18 others in phases in exchange for Palestinians imprisoned by Israel. Aid supplies would be ramped up and the two sides would hold negotiations on a lasting truce. The talks have been bogged down over competing demands for ending the war. Hamas says it will only release all hostages in exchange for a full Israeli withdrawal and end to the war. Israel says it will not agree to end the war until Hamas gives up power and disarms, a condition the militant group rejects. The State Department said earlier in the week that Witkoff would be travelling to the Middle East for talks, but US officials later said that Witkoff would instead travel to Europe. It was unclear if he was holding meetings there on Thursday. Trump earlier this month met Netanyahu at the White House, putting his weight behind a push to reach a breakthrough and a ceasefire agreement. But despite his newly strengthened partnership with Netanyahu following their countries' joint strikes on Iran, the Israeli leader left Washington without any announced breakthrough. The US is cutting short Gaza ceasefire talks and bringing home its negotiating team from Qatar, after the latest response from Hamas "shows a lack of desire to reach a ceasefire in Gaza," Donald Trump's envoy says. Special envoy Steve Witkoff flagged that the US will now consider alternative options to bring Israeli hostages home. "While the mediators have made a great effort, Hamas does not appear to be coordinated or acting in good faith," Witkoff said. He said it was "a shame that Hamas has acted in this selfish way" and that the US is "resolute" in seeking an end to the conflict in Gaza. A breakthrough in talks on a ceasefire deal between Israel and Hamas has eluded the Trump administration for months as conditions worsen in Gaza. The territory recently had its deadliest day yet for aid-seekers in over 21 months of war, with at least 85 Palestinians killed while trying to reach food on Sunday. Dozens of people have starved to death in recent weeks in Gaza. The sides have held weeks of talks in Qatar, reporting small signs of progress but no major breakthroughs. Officials have said a main sticking point is the redeployment of Israeli troops after any ceasefire takes place. Earlier Thursday, Israeli Prime Minster Benjamin Netanyahu's office recalled his country's negotiating team back to Israel in light of Hamas' response. In a brief statement, the prime minister's office expressed its appreciation for the efforts of Witkoff and mediators Qatar and Egypt, but it gave no further details. The deal under discussion is expected to include a 60-day ceasefire in which Hamas would release 10 living hostages and the remains of 18 others in phases in exchange for Palestinians imprisoned by Israel. Aid supplies would be ramped up and the two sides would hold negotiations on a lasting truce. The talks have been bogged down over competing demands for ending the war. Hamas says it will only release all hostages in exchange for a full Israeli withdrawal and end to the war. Israel says it will not agree to end the war until Hamas gives up power and disarms, a condition the militant group rejects. The State Department said earlier in the week that Witkoff would be travelling to the Middle East for talks, but US officials later said that Witkoff would instead travel to Europe. It was unclear if he was holding meetings there on Thursday. Trump earlier this month met Netanyahu at the White House, putting his weight behind a push to reach a breakthrough and a ceasefire agreement. But despite his newly strengthened partnership with Netanyahu following their countries' joint strikes on Iran, the Israeli leader left Washington without any announced breakthrough.

Sydney Morning Herald
an hour ago
- Sydney Morning Herald
Gaza ceasefire talks collapse, US to send mediators home
Washington: The United States is sending its mediators home from ceasefire negotiations in Qatar, blaming Hamas for the breakdown in talks, and says it will consider 'alternative options' to rescue Israeli hostages and improve the humanitarian situation in Gaza. The collapse in ceasefire talks comes at a critical time, with Israel under increasing global pressure amid reports from humanitarian groups of mass starvation and the mounting death toll of Palestinian civilians killed while seeking food and aid. Israel and Hamas have been holding indirect talks in the Qatari capital Doha, along with US officials, aimed at reaching a 60-day truce and a hostage release deal. However, US President Donald Trump's special envoy, Steve Witkoff, said overnight that negotiations had stalled, accusing Hamas of behaving selfishly. 'We have decided to bring our team home from Doha for consultations after the latest response from Hamas, which clearly shows a lack of desire to reach a ceasefire in Gaza,' Witkoff posted on X. 'While the mediators have made a great effort, Hamas does not appear to be co-ordinated or acting in good faith. We will now consider alternative options to bring the hostages home and try to create a more stable environment for the people of Gaza. 'It is a shame that Hamas has acted in this selfish way. We are resolute in seeking an end to this conflict and a permanent peace in Gaza.' The US exit followed Israeli Prime Minister Benjamin Netanyahu recalling his negotiating team from Doha hours earlier.

The Age
an hour ago
- The Age
Gaza ceasefire talks collapse, US to send mediators home
Washington: The United States is sending its mediators home from ceasefire negotiations in Qatar, blaming Hamas for the breakdown in talks, and says it will consider 'alternative options' to rescue Israeli hostages and improve the humanitarian situation in Gaza. The collapse in ceasefire talks comes at a critical time, with Israel under increasing global pressure amid reports from humanitarian groups of mass starvation and the mounting death toll of Palestinian civilians killed while seeking food and aid. Israel and Hamas have been holding indirect talks in the Qatari capital Doha, along with US officials, aimed at reaching a 60-day truce and a hostage release deal. However, US President Donald Trump's special envoy, Steve Witkoff, said overnight that negotiations had stalled, accusing Hamas of behaving selfishly. 'We have decided to bring our team home from Doha for consultations after the latest response from Hamas, which clearly shows a lack of desire to reach a ceasefire in Gaza,' Witkoff posted on X. 'While the mediators have made a great effort, Hamas does not appear to be co-ordinated or acting in good faith. We will now consider alternative options to bring the hostages home and try to create a more stable environment for the people of Gaza. 'It is a shame that Hamas has acted in this selfish way. We are resolute in seeking an end to this conflict and a permanent peace in Gaza.' The US exit followed Israeli Prime Minister Benjamin Netanyahu recalling his negotiating team from Doha hours earlier.