Today, the U.S. Supreme Court issued a decision in three consolidated cases — Trump v. CASA, Trump v. Washington, and Trump v. New Jersey — determining whether lower court judges can issue universal injunctions to block executive orders nationwide. This issue made its way to the Supreme Court after several federal judges blocked the Trump administration from denying birthright citizenship through the birthright citizenship executive order.
The court granted the government’s request for a partial stay and decided that, in general, universal injunctions likely exceed the equitable powers of federal courts unless they are necessary to vindicate the rights of the parties who filed the lawsuit. Now, the lower court in each of the consolidated birthright citizenship cases before the court must determine the proper scope of the injunction it issued.
In response to today’s decision, Sam Spital, Associate Director-Counsel at the Legal Defense Fund (LDF), issued the following statement:
“The administration’s attempt to deny citizenship to many children born in the United States is unquestionably unconstitutional, and nothing in today’s Supreme Court opinion suggests otherwise. Yet, the court has nonetheless created a real risk that the administration’s unconstitutional order will go into effect in many parts of the country in 30 days. The court’s decision is a serious blow to the rule of law, and it threatens the stability of countless families across our country and leaves them vulnerable to the executive order. We are disappointed in this decision, but we will continue fighting against attempts to undermine the stability of families and rightful citizens of the United States.”
In a separate challenge that was not considered in today’s ruling, a group of immigrants’ rights advocates represented by LDF and co-counsel filed a lawsuit challenging the birthright citizenship executive order. On Feb. 10, a federal court in New Hampshire issued a preliminary injunction blocking the order that seeks to strip certain babies born in the United States of their U.S. citizenship. The case – New Hampshire Indonesian Community Support v. Donald J. Trump – currently before a federal court of appeals, is scheduled for oral argument on August 1. To learn more about this case, visit our webpage.
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Founded in 1940, the Legal Defense Fund (LDF) is the nation’s first civil rights law organization. LDF’s Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957 — although LDF was originally founded by the NAACP and shares its commitment to equal rights.
