Birthright citizenship
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Appeals court declines to reinstate the EO. SCOTUS, here we come.
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The court limited the ability of federal judges to temporarily pause President Trump’s executive orders.
The order will not go into effect for 30 days, the justices said in their opinion, allowing its legality to be contested further. The justices also did not address the underlying constitutionality of the president’s order to curtail birthright citizenship, potentially leaving that issue for another day.
The court’s ruling also appeared to upend the ability of single federal judges to freeze policies across the country, a powerful tool that has been used frequently in recent years to block policies instituted by Democratic and Republican administrations.
Justices across the ideological spectrum had been critical of these so-called nationwide injunctions, arguing that they encouraged judge-shopping and improperly circumvented the political process by allowing one judge to halt a policy nationwide.
The surprise decision means that an executive order signed by Mr. Trump ending the practice of extending citizenship to the children of undocumented immigrants born in the United Stateswould be set to take effect in 30 days in the 28 states that have not challenged the measure.
The details of how the policy would be implemented were not immediately clear.
Saved version of NYT live updates. May be a snapshot in time, not sure if it will continue to be updated.
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Live blogging at SCOTUSblog:
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Farewell 14th amendment.
You had a good run.
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Jennifer Rubin did a good video with Norm Eisen and Katie Phang this afternoon to explain. I highly recommend it. (Just click "no thanks" on the first screen.)
