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Supreme Court gives Trump more
power after 『birthright citizenship』 ruling curbs nationwide injunctions
The Supreme Court』s
conservative majority has stripped federal courts』 authority to issue
nationwide injunctions that have blocked key parts of Donald Trump』s agenda.
Friday』s 6-3 ruling,
written by Trump appointee Justice Amy Coney Barrett, states that federal
judges went too far blocking his executive order that seeks to unilaterally redefine who gets to be a citizen.
Those nationwide injunctions 「exceed the equitable authority that Congress has
given to the federal courts,」 according to the ruling.
The ruling opens the
door for partial enforcement of Trump』s executive order, putting thousands of
American-born children at risk of being denied their constitutional rights.
Trump』s executive order will be blocked for another 30 days, however, allowing lower
courts to revisit the scope of their injunctions and giving time for opponents
to file new legal challenges.
Department of Justice
attorneys will now 「promptly file」 legal challenges in cases where the
president』s executive actions were temporarily blocked, Trump told reporters at the White House. Moments
after the ruling, plaintiffs filed a new lawsuit that would protect citizenship
rights for all newborn Americans, not just in the states that initially sued.
But the ruling does not
definitively resolve challenges to birthright citizenship. A series of federal
court rulings across the country earlier this year struck down the president』s attempt to block citizenship from newborn
Americans who are born to certain immigrant parents. The
government argued those decisions should only impact the individual states —
and the unborn children of pregnant mothers in them — who
sued him and won.
Opponents have warned
that such a decision would open a backdoor to begin stripping away
constitutional rights. In a blistering dissent, Justices Sonia Sotomayor called
the court』s ruling 「a travesty for the rule of law.」
Olga Urbina, left, and her 9-month-old
son Ares Webster join demonstrations outside the Supreme Court on May 14 as
justices grilled the Trump administration over challenges to birthright
citizenship (Getty)
Allowing the president
to unilaterally redefine who gets to be a U.S.
citizen in states subject to Trump』s rewriting of the 14th Amendment would
create a patchwork system of constitutional rights and citizenship benefits —
including voting rights.
More than 150,000
newborns would be denied citizenship every year under Trump』s order, according
to the plaintiffs.
「Make no mistake:
Today』s ruling allows the Executive to deny people rights that the Founders
plainly wrote into our Constitution, so long as those individuals have not
found a lawyer or asked a court in a particular manner to have their rights
protected,」 Justice Ketanji Brown Jackson wrote in her dissent.
The court』s decision
gifted Trump the 「prerogative of sometimes disregarding the law」 that opens the
door to 「put both our legal system, and our system of government, in grave
jeopardy,」 Jackson warned.
「It is not difficult to
predict how this all ends,」 she wrote. 「Eventually, executive power will become
completely uncontainable, and our beloved constitutional Republic will be no
more."
Trump, flanked by his former criminal
defense attorney turned top Justice Department official Todd Blanche and
Attorney General Pam Bondi, says the administration will now 『promptly file』
legal challenges in every case where nationwide injunctions have blocked his
executive orders (AFP via Getty Images)
In January, more than 20 states, immigrants』 advocacy
groups and pregnant plaintiffs sued the administration to block the
president』s executive order.
Lawmakers remove 『revenge』 tax provision from Trump's big bill
after Treasury Department request
The Supreme Court』s 6-3 decision on
Friday limits federal justices』 ability to temporarily pause Trump』s executive
orders, marking a major victory for the administration (EPA)
In cases across the
country, plaintiffs have pushed for injunctions as a tool for critical checks
and balances against an administration that critics warn is mounting an ongoing assault against the rule of law.
More than half of the
injunctions issued over the last 70 years were against the Trump
administration, according to the Harvard Law Review,
as Trump pushed the limits of his authority.
In arguments to the
Supreme Court, Trump』s personal attorney John Sauer, who was appointed by the
president to serve as U.S. solicitor general, called the 「cascade of universal
injunctions」 against the administration a 「bipartisan problem」 that exceeds judicial
authority.
Trump』s allies, however,
have relied on nationwide injunctions to do the very same thing they commanded
the Supreme Court to strike down. Critics have accused right-wing legal groups
of 「judge shopping」 for ideologically like-minded venues where they can sue to
strike down — through nationwide injunctions — policies with which they
disagree.
After the government』s
arguments fell flat in front of a mostly skeptical Supreme Court last
month, Trump accused his political opponents of 「playing the ref」 through the courts to
overturn his threat to the 14th Amendment.
Trump』s executive order seeks to
redefine the 14th Amendment』s citizenship clause to deny citizenship to
children whose mother is undocumented or is temporarily legally in the country
on a visa, and if the father isn』t a citizen or a lawful permanent resident
(Getty)
The 14th Amendment
plainly states that 「all persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and of
the state wherein they reside.」
For more than 100 years,
the Supreme Court has upheld the definition to apply to all children born
within the United States.
But under the terms of
Trump』s order, children can be denied citizenship if a mother is undocumented
or is temporarily legally in the country on a visa, and if the father isn』t a
citizen or a lawful permanent resident.
The president』s attempt
to redefine citizenship is central to his administration』s sweeping
anti-immigration agenda.
His administration has
also effectively ended entry for asylum seekers; declared the United States
under 「invasion」 from foreign gangs to summarily remove alleged members; and
stripped legal protections for more than 1 million people — radically expanding the pool of 「undocumented」 people now vulnerable for
arrest and removal.
The administration
「de-legalised」 tens of thousands of immigrants, and thousands of people with
pending immigration cases are being ordered to court each week only to have
those cases dismissed, with federal agents waiting to arrest them on the other side of the courtroom
doors.
The White House has also
rolled back protections barring immigration arrests at sensitive locations like
churches and bumped up the pace of immigration raids in the interior of the
country.
To carry out the
arrests, the administration has tapped resources from other state and local
agencies while moving officers from federal agencies like the FBI and DEA to
focus on immigration. There are more people in immigration detention centers today than
in any other point in modern history.