Today, the Supreme Court permitted an executive order redefining birthright citizenship to go into effect for everyone except the specific plaintiffs in ongoing federal litigation. In so ruling, the court also ended the authority of lower courts to universally block potentially unconstitutional executive actions by forbidding them from issuing nationwide (“universal”) injunctions while cases are still under review.
The Tahirih Justice Center’s CEO Archi Pyati said: “The strength of our democracy rests on the people’s trust in our Constitution to provide checks on abuse of power. When the executive attempts to rewrite law by fiat, the courts must be able to pause those actions while they review legality and impact. The Supreme Court makes a dangerous gamble with its decision: the subject today is the ability of new Americans to be together with their families and safe from devastating harm. The subject tomorrow could be something even more dire.”
For more information, read our Breaking Down the News item on birthright citizenship.
