Washington, DC: According to Politico, the US Supreme Court will hear arguments next month over President Donald Trump’s executive order, which aims to deny some children born in the US the right to US citizenship.
The court has not yet officially examined whether Trump’s effort to eliminate the right to birthright citizenship is constitutional. The court will instead evaluate a more technical matter that might have important ramifications: lower court judges’ power to impose nationwide injunctions that prevent a president’s policies from being implemented.
In separate nationwide injunctions, three federal courts said that Trump’s birthright citizenship decree violates the 14th Amendment, which has historically been interpreted to provide citizenship to almost everyone born in the United States.
The Trump administration asked the courts to reduce or remove the injunctions in emergency appeals filed earlier in March. Politico reported that the government argued that district courts lack the authority to render decisions that halt national initiatives.
The Supreme Court decided to have a special oral argument on May 15 to address the issue of district judges’ authority to render such decisions in an order released on Thursday. The ruling shows that courts are treating the Trump administration’s stance seriously, even though the court seldom schedules arguments on emergency challenges.
The government would be allowed to begin enforcing its citizenship requirement in certain regions of the nation if the court accepts the Trump administration’s claim that the justices overreached their authority.
On the first day of his second administration, Trump signed an executive order announcing the policy to terminate the right to birthright citizenship. The goal of the order is to deny US citizenship to children born in the United States to parents who are either illegal immigrants or have temporary visas.
According to several legal experts, the policy is in direct opposition to both the text of the 14th Amendment, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States,” and the precedent of the highest court.
Since taking office for a second term on January 20, several Trump administration plans have been thwarted by nationwide injunctions.
Trump’s Justice Department has argued that federal district courts should only be able to reject measures that affect the individuals or organizations who filed the lawsuit or that are situated in the judge’s geographic area.
“Years of experience have shown that the executive branch cannot properly perform its functions if any judge anywhere can enjoin every presidential action everywhere,” the Trump administration said in the emergency appeal that was filed last month, according to Politico.
Nonetheless, proponents of countrywide injunctions have referred to them as the sole practical solution to the government’s illegal activities.