Birthright Citizenship Is Safe For Now. Nationwide Injunctions Are Not.

On Thursday, conservative justices showed support for the Trump administration’s efforts to limit universal injunctions, which are court orders that block government policies nationwide instead of just for the parties involved. The case revolves around Trump’s controversial executive order attempting to alter the 14th Amendment’s birthright citizenship provision.

The administration is contesting district court rulings that halted the executive action, arguing that judges should only block the order in specific states or for certain groups. Both political parties have used universal injunctions strategically to challenge executive branch actions they oppose.

Justices Elena Kagan and Sonia Sotomayor raised concerns about the consistent rulings against the administration’s citizenship policy, questioning the need for a nationwide enforcement while the case is being appealed. Conservative justices seemed more receptive to the administration’s arguments, discussing potential alternatives to universal injunctions.

The case’s outcome will impact the implementation of the birthright citizenship policy and potentially other Trump initiatives. If successful, Trump’s ability to carry out controversial actions could be less restricted by the courts, given the lack of oversight from congressional Republicans. Sotomayor argued that the administration’s order goes against Supreme Court precedents, sparking a debate with Solicitor General John Sauer.