Supreme Court Limits Use of National Injunctions in Birthright Citizenship Case


The Supreme Court granted the Trump Administration’s request to limit the lower court’s ability to issue nationwide injunctions, some of which blocked the enforcement of President Trump’s executive order banning birthright citizenship. The 6-3 decision will allow partial enforcement of the President’s ban, stating that federal courts do not have “equitable authority to issue universal injunctions.”

Shortly after Trump released his executive order banning birthright citizenship, a federal judge in Maryland issued a universal injunction, blocking the order from going into effect. Since the start of Trump’s second term, various executive orders have been met with the same nationwide blocks.

The Supreme Court’s decision today addressed the extent to which lower courts may issue nationwide injunctions. The Supreme Court did not release a ruling regarding birthright citizenship and whether President Trump’s executive order was constitutional. However, in limiting the authority of lower court judges to issue nationwide injunctions, the Supreme Court ruling will allow the birthright citizenship ban to take partial effect in 30 days.

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