Supreme Court Ruling Avoids Deciding on Birthright Citizenship, Instead Creates Chaotic Legal Landscape for Challenges of Illegal Executive Orders

Today, the Supreme Court issued a 6-3 ruling that limits the ability of federal courts to issue universal, or nationwide, injunctions against executive orders or laws that apply to a broad category or people. The Justices ruled that federal courts exceeded their authority by granting universal, or nationwide injunctions, in cases that are brought on behalf of specific individuals or groups. 

The case, Trump v CASA, which was brought to the Supreme Court within the so-called emergency docket, sought to limit the Fourth Circuit Court’s national injunction against an executive order that seeks to eliminate the Constitutional right to birthright citizenship.  

The following statement can be attributed to Lourdes Rosado, President and General Counsel for LatinoJustice PRLDEF: 

“While the Court sidestepped addressing the matter of whether the Administration can unilaterally eliminate the Constitutional right to birthright citizenship, its ruling sets the scene for a chaotic legal landscape. By ruling against the ability of federal courts to issue universal or national injunctions, the Justices require that any wide threat to the fundamental constitutional rights of all people in the United States must be fought piecemeal and in a patchwork fashion.  

“LatinoJustice is alarmed by this precedent, which opens the door for the Executive Branch to continue to issue illegal and unconstitutional executive orders with impunity. As Justice Sotomayor wrote in her dissent, this ruling means that absent cumbersome class action litigation, which many will not have the resources to undertake, courts cannot completely enjoin even such plainly unlawful policies. 

“How is the Constitution served when only those individuals who can afford to bring their cases to the courts are the ones who can receive ‘complete relief’? Forcing individuals and organizations like LJP to fight these unjust orders person by person dismantles some of the most important tools of the judicial system, which is to act to safeguard the rights of all people.” 

LatinoJustice PRLDEF awaits a ruling on a request for a preliminary injunction in its pending case challenging the elimination of birthright citizenship, New York Immigration Coalition, and J.V., v. Donald Trump et al.