Paul Kamenar
Lead counsel, National Legal and Policy Center:
“Today, the Supreme Court heard arguments as to whether the nationwide injunctions by a handful of lower district courts blocking President Trump’s Executive Order banning birthright citizenship to babies born to illegal aliens are permissible. They did not take up the underlying issue of whether the Executive Order is constitutional. That issue will be decided once these lower court rulings work their way up to the Court.
“The Justice Department argued that those district courts are overstepping their authority and should limit their ruling only to the parties that brought the particular case and in that particular district. Otherwise, these judges, picked for their liberal leanings, can block the Executive Order as if they were the Supreme Court, whose rulings do apply nationwide.
In addition, DOJ argued that the parties could file class action lawsuits, and any ruling would apply to class members nationwide.
The Court was divided on the issue, with five of the conservative justices leaning toward the Justice Department’s view of the issue. A ruling is expected by the end of June.
