"This is a clean vehicle for the justices to decide whether the Constitution does, in fact, grant birthright citizenship to virtually all people born here. Trump issued an executive order on his first day back in office, on Jan. 20, 2025, that We thought we were going to get a big decision on this last term, but in Trump v. CASA, the Supreme Court ended up taking away the nationwide injunctions that had blocked the policy instead."
"This time around, Barbara v. Trump is a pretty clean shot at the fundamental question on the merits: Can Trump do this? The Justice Department is not trying to fight any kind of procedural or equitable issues here. This was a class action, and the administration accepts that. The lower courts ruled against the government. The administration is saying, "Just give us a win and tell us that we can implement this policy.""
The Supreme Court granted certiorari in Barbara v. Trump, setting up a direct constitutional challenge over birthright citizenship. The case will be heard early next year and asks whether the Constitution grants birthright citizenship to people born in the United States. President Trump issued an executive order on January 20, 2025, attempting to restrict birthright citizenship. The Justice Department is presenting the case on the merits without raising procedural defenses; lower courts ruled against the government and the administration seeks a definitive ruling to allow implementation of the policy. A final decision is expected by June 2026.
Read at Slate Magazine
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