The Supreme Court agreed Thursday to consider the Trump administration’s request to maintain its restrictions on birthright citizenship while litigation continues.
While the justices delayed deciding the Trump administration’s request to block lower court orders preventing the president’s executive order from taking effect, they scheduled oral arguments to consider the issue for May 15.
The Trump administration argued in its application that district court judges should not be able to govern “the whole Nation” from their courtroom, urging the Supreme Court to rein in their ability to issue nationwide injunctions that block policies from taking effect across the whole country.
“By allowing single, unelected federal judges to co-opt entire executive-branch policies at the drop of the hat, they create needless interbranch friction and perpetrate a truly lupine encroachment by the Judiciary on the President’s Article II authority,” the administration argued in filings.
States challenging Trump’s order wrote in an April 4 filing on Friday that the government fails to show how it will be harmed by continuing to interpret the law “as it has long been understood.”
“The government argues that, while this litigation proceeds, the citizenship of newborns should turn on whether their parents are named plaintiffs in these cases, belong to one of the plaintiff organizations, or possibly live in one of the Plaintiff States,” the states argued. “That unworkable rule would leave tens of thousands of infants born on U.S. soil undocumented, subject to removal or detention, and many stateless, even though they have done nothing wrong.”
This is a breaking news story and will be updated.
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