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Analysis: Overview of the Supreme Court arguments in birthright citizenship cases

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CNN
5h ago

The US Supreme Court is set to hear oral arguments concerning three cases challenging an executive order by former President Donald Trump that would restrict birthright citizenship based on the immigration status of a child's parents. This executive order marks a significant departure from the long-standing interpretation of the 14th Amendment, which grants citizenship to anyone born on US soil regardless of parental status. The legal battle focuses on whether the nationwide injunctions issued by lower courts blocking the policy should be narrowed, not directly on the constitutionality of the policy itself. A Supreme Court decision to narrow these injunctions could effectively allow the policy to be applied broadly, impacting many individuals outside of the existing plaintiffs. This case arrives at the Supreme Court as an emergency application, with expectations for a ruling potentially by June, following the oral arguments on May 15.

Analysis: Overview of the Supreme Court arguments in birthright citizenship cases

The Supreme Court will evaluate whether to uphold or narrow the injunctions imposed by lower courts against Trump's executive order that limits birthright citizenship based on parental immigration status.

Trump's executive order represents a departure from the 14th Amendment's stipulations, which traditionally guarantee citizenship to anyone born in the US, irrespective of their parents' immigration status.

Lower courts in Massachusetts, Maryland, and Washington issued nationwide injunctions blocking the policy, arguing it was unlawful, prompting the Trump administration to seek narrower injunctions or removal.

The Trump administration's appeal to the Supreme Court is not to directly challenge the injunctions entirely but to limit their scope, allowing the policy to be enforced beyond the current plaintiffs.

If the Supreme Court sides with the administration, this could lead to the policy's broader application, despite not formally addressing its constitutionality, potentially prompting numerous individual legal challenges.

The case has reached the Supreme Court under emergency applications on the 'shadow docket,' a rare occurrence, with a ruling expected potentially by June after the May 15 oral arguments.

The outcome of this decision will have significant implications for birthright citizenship in the US, affecting many individuals born in the country under the parameters set by the executive order.

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