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What to know about the Supreme Court birthright citizenship case

BBC News's profile
Original Story by BBC News
June 27, 2025
What to know about the Supreme Court birthright citizenship case

Context:

The Supreme Court is set to make a pivotal decision regarding whether a single federal judge can block a nationwide order from the President, with the case originating from President Trump's attempt to end birthright citizenship. The decision will not address the constitutionality of birthright citizenship but will focus on the legitimacy of nationwide injunctions used by lower courts, which have previously stalled Trump's policies. Both conservative and liberal justices have expressed concerns about the power of a single judge to halt national policies, citing potential legal and historical issues. Supporters of injunctions argue they are necessary to maintain checks on executive power and prevent chaotic legal scenarios. The Supreme Court's ruling could either limit or uphold these injunctions, affecting future executive orders and potentially altering the legal landscape concerning citizenship rights for children of undocumented immigrants.

Dive Deeper:

  • The Supreme Court's decision on nationwide injunctions stems from President Trump's executive order to end birthright citizenship, which has been previously blocked by district courts in multiple states.

  • Lower courts issued nationwide injunctions that halted Trump's executive order, prompting the Department of Justice to appeal to the Supreme Court, arguing that these injunctions represent an overreach of judicial power.

  • Conservative and liberal justices have criticized nationwide injunctions for allowing a single judge to influence national policy, raising concerns about judicial overreach and the practice of forum shopping.

  • Proponents of nationwide injunctions argue they are crucial for checking executive power and preventing potentially harmful policies from being enacted without proper legal scrutiny.

  • The case will not determine the constitutionality of birthright citizenship itself but will set a precedent for how nationwide injunctions can be applied, potentially impacting the execution of future executive orders.

  • Without nationwide injunctions, individuals would need to file separate lawsuits to challenge presidential orders, placing a significant burden on those affected and possibly leading to inconsistent application of federal laws.

  • The outcome of the case could allow the Trump administration to deny birthright citizenship to children of undocumented immigrants while legal challenges continue, or it could maintain the status quo of judicial checks on executive power.

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