U.S. Supreme Court Associate Justice Amy Coney Barrett speaks at the Ronald Reagan Presidential Library Foundation in Simi Valley, Calif., on Monday, April 4, 2022. (AP)
Barrett, who was appointed by Trump, wrote that when judges issue injunctions to block policies, like those the Trump administration is trying to implement, they cannot apply the injunction to more than the parties involved in the case. Barrett said that type of order, often called a "nationwide injunction," is judicial overreach.
But Barrett’s opinion left open numerous other ways that plaintiffs can seek broad forms of relief from the courts, including by bringing class action lawsuits or statewide lawsuits.
SUPREME COURT CHIEF JUSTICE ROBERTS REINS IN SOTOMAYOR AFTER REPEATED INTERRUPTIONS
Supreme Court Justices Sonia Sotomayor, and Amy Coney Barrett, not pictured, hold a conversation with moderator Eric Liu, Co-Founder and CEO of Citizen University, during a panel discussion at the Civic Learning Week National Forum at George Washington University on Mar. 12, 2024, in Washington, D.C. (Jahi Chikwendiu/The Washington Post via Getty Images)
Sotomayor said that every court that has reviewed Trump's birthright citizenship plan thus far has blocked Trump from carrying it out. Trump played a "different game," Sotomayor said, by bringing the case before the Supreme Court without actually asking the justices to analyze the merits of his plan. Trump instead asked the justices to weigh in on the legality of nationwide injunctions in general.
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Trump’s birthright citizenship order would eliminate the 150-year-old right under the 14th Amendment that allows babies born in the United States to receive automatic citizenship regardless of their parents’ citizenship status.
The Supreme Court's decision still allows for the high possibility that judges will continue to widely block Trump's birthright citizenship order, but with different legal maneuvering on the part of the plaintiffs and the courts.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
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