成人X站

MYNORTHWEST POLITICS

AG Brown defends birthright citizenship as Supreme Court weighs order, nationwide injunctions

May 15, 2025, 4:33 PM

birthright citizenship...

Hannah Liu, 26, of Washington, holds up a sign in support of birthright citizenship, Thursday, May 15, 2025, outside of the Supreme Court in Washington. (Photo: Jacquelyn Martin, AP)

(Photo: Jacquelyn Martin, AP)

The U.S. Supreme Court heard arguments Thursday, stemming from a lawsuit filed by Washington Attorney General Nick Brown. The case surrounds an executive order that seeks to end birthright citizenship.

Brown attended the hearing and spoke to reporters outside the court.

“Time and time again, the Supreme Court has weighed in on this and affirmed that if you were born in the United States, that you are a citizen,” Brown said.

The Supreme Court seemed intent on maintaining a block on President Donald Trump鈥檚 restrictions on birthright citizenship聽while looking for a way to scale back nationwide court orders.

It was unclear what such a decision might look like, but a majority of the court expressed concerns about would happen if the Trump administration were allowed, even temporarily, to deny citizenship to children born to people who are in the United States illegally.

The justices heard arguments in the Trump administration鈥檚 emergency appeals over lower court orders that have kept the citizenship restrictions on hold across the country.

Nationwide injunctions have emerged as an important check on Trump鈥檚 efforts to remake the government and a source of mounting frustration to the Republican president and his allies.

Judges have issued 40 nationwide injunctions since Trump began

Judges have issued 40 nationwide injunctions since Trump聽聽in January, Solicitor General D. John Sauer told the court at the start of more than two hours of arguments.

Birthright citizenship is among several issues, many related to immigration, that the administration has asked the court to address on an emergency basis.

The justices also are considering the Trump administration鈥檚 pleas to聽聽for more than 500,000 people from Cuba, Haiti, Nicaragua and Venezuela and to聽聽from another 350,000 Venezuelans. The administration remains聽聽over its efforts to swiftly deport people accused of being gang members to a prison in El Salvador under an 18th century wartime law called the Alien Enemies Act.

Trump signed an executive order on the first day of his second term that would deny citizenship to children who are born to people who are in the country illegally or temporarily.

The order conflicts with聽聽that held that the Citizenship Clause of the 14th Amendment made citizens of all children born on U.S. soil, with narrow exceptions that are not at issue in this case.

States, immigrants and rights group sued almost immediately, and lower courts quickly barred enforcement of the order while the lawsuits proceed.

The current fight is over the rules that apply while the lawsuits go forward.

Liberal justices firm in support of lower court rulings

The court’s liberal justices seemed firmly in support of the lower court rulings that found the changes to citizenship that Trump wants to make would upset the settled understanding of birthright citizenship that has existed for more than 125 years.

Birthright citizenship is an odd case to use to scale back nationwide injunctions, Justice Elena Kagan said. “Every court has ruled against you,鈥 she told Sauer.

If the government wins on today鈥檚 arguments, it could still enforce the order against people who haven鈥檛 sued, Kagan said. 鈥淎ll of those individuals are going to win. And the ones who can鈥檛 afford to go to court, they鈥檙e the ones who are going to lose,鈥 she said.

Justice Ketanji Brown Jackson described the administration’s approach as 鈥渃atch me if you can,鈥 forcing everyone to file suit to get 鈥渢he government to stop violating people鈥檚 rights.鈥

Conservative judges question limiting nationwide injunctions

Several conservative justices who might be open to limiting nationwide injunctions also wanted to know the practical effects of such a decision as well as how quickly the court could reach a final decision on the Trump executive order.

Justice Brett Kavanaugh pressed Sauer with a series of questions about how the federal government might enforce Trump鈥檚 order.

鈥淲hat do hospitals do with a newborn? What do states do with a newborn?鈥 he said.

Sauer said they wouldn鈥檛 necessarily do anything different, but the government might figure out ways to reject documentation with 鈥渢he wrong designation of citizenship.鈥

Kavanaugh continued to push for clearer answers, pointing out that the executive order gave the government only about 30 days to develop a policy. 鈥淵ou think they can get it together in time?鈥 he said.

The Trump administration, like the Biden administration before it, has complained that judges are overreaching by issuing orders that apply to everyone instead of just the parties before the court.

Picking up on that theme, Justice Samuel Alito said he meant no disrespect to the nation’s district judges when he opined that they sometimes suffer from an 鈥渙ccupational disease which is the disease of thinking that ‘I am right and I can do whatever I want.’鈥

But Justice Sonia Sotomayor was among several justices who raised the confusing patchwork of rules that would result if the court orders were narrowed and new restrictions on citizenship could temporarily take effect in more than half the country.

Some children might be 鈥渟tateless,鈥 Sotomayor said, because they’d be denied citizenship in the U.S. as well as the countries their parents fled to avoid persecution.

New Jersey Solicitor General Jeremy Feigenbaum, representing 22 states that sued, said citizenship could 鈥渢urn on and off鈥 for children crossing the Delaware River between Camden, New Jersey, where affected children would be citizens, and Philadelphia, where they wouldn’t be. Pennsylvania is not part of the lawsuit.

Possible replacement for nationwide injunctions

One possible solution for the court might be to find a way to replace nationwide injunctions with certification of a class action, a lawsuit in which individuals serve as representatives of a much larger group of similarly situated people.

Such a case could be filed and acted upon quickly and might even apply nationwide.

But under questioning from Justice Amy Coney Barrett and others, Sauer said the Trump administration could well oppose such a lawsuit or potentially try to slow down class actions.

Supreme Court arguments over emergency appeals are rare. The justices almost always deal with the underlying substance of a dispute.

But the administration didn’t ask the court to take on the larger issue now and, if the court sides with the administration over nationwide injunctions, it’s unclear how long inconsistent rules on citizenship would apply to children born in the United States.

A decision is expected by the end of June.

Contributing: The Associated Press; Aaron Granillo, 成人X站 Newsradio

MyNorthwest Politics

birthright citizenship...

成人X站 Newsradio Staff with Wire Reports

AG Brown defends birthright citizenship as Supreme Court weighs order, nationwide injunctions

AG Brown argues for birthright citizenship as Supreme Court reviews Trump's order and nationwide injunctions.

9 hours ago

Trump...

成人X站 Newsradio Staff with Wire Reports

Trump’s birthright citizenship executive order to go before U.S. Supreme Court

The U.S. Supreme Court hears Trump's executive order on birthright citizenship affecting children of undocumented parents.

2 days ago

FEMA (1) immigration funding...

James Lynch

Washington joins 19 states in lawsuits over immigration funding threats

Washington AG Nick Brown files lawsuit over Trump鈥檚 threats to immigration funding,

3 days ago

Tonya Woo is on a mission to revitalize Little Saigon in Seattle. But she needs the city's help. (P...

Tonya Woo, SPECIAL CONTRIBUTOR TO MYNORTHWEST

Tonya Woo: It’s time for Seattle to invest in Little Saigon鈥檚 future

Former Seattle City Councilmember Tonya Woo is on a mission to revitalize Little Saigon.

3 days ago

seattle mayor mallahan...

Frank Sumrall

Former T-Mobile Exec joins diverse field of Seattle mayor candidates

Joe Mallahan, a former T-Mobile executive, is taking a second swing at running for Seattle mayor.

3 days ago

Speed-limiting bill signed Monday in Olympia....

Frank Lenzi

Ferguson signs bill to crack down on speeding drivers

Governor Bob Ferguson signed House Bill 1596 into law Monday, aiming to crack down on speeding drivers. The new legislation will require speed-limiting devices in vehicles of individuals convicted of dangerous driving.

3 days ago

AG Brown defends birthright citizenship as Supreme Court weighs order, nationwide injunctions