The United States Supreme Court has given President Donald Trump’s Executive Order (“EO”) curbing birthright citizenship a partial victory. The ruling does not impact “Birthright Citizenship” but rather restricts district court judges from issuing nation-wide (or “universal”) injunctions against Executive Orders. In a 6-3 decision, the Supreme Court held that lower federal court judges who issued nationwide injunctions against the EO went too far and granted the Trump Administration’s request to narrow the injunctions issued in Maryland, Washington and Massachusetts.
While the Supreme Court’s ruling was a dramatic shift in how lower federal court judges have operated for years, the decision left enough room for challengers to the EO to prevent it from taking effect while litigation works its way through the federal court system. Specifically, the EO, which also suffered a setback by the Federal Court of Appeals will remain blocked for an additional thirty (30) days) allowing the previous lower court rulings to reconsider the scope of the injunctions allowing challengers with enough time to seek protection from those courts.
One remedy that was left open by the Supreme Court to the challengers would be to seek relief through class action lawsuits targeting the EO which if allowed to take effect would upend the long-held understanding that the 14th Amendment to the United States Constitution confers citizenship to anybody (with a few exceptions, such as children of diplomats) who was born on American soil regardless of the parents’ nationality or immigration status. Such class action lawsuits could result in effective injunctions being issued in the form of “class-protective” injunctions.
For more information on the Supreme Court’s ruling and for further updates on the ongoing birthright citizenship litigation, contact us at info@enterlinepartners.com.
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Copyright 2025. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline & Partners only.
