Round 2
Birthright citizenship returns to the Supreme Court today
Birthright citizenship is back at the U.S. Supreme Court today. I’ll join the SCOTUSblog team for live commentary on oral arguments starting at 9:30 am Eastern Time. Follow along here.
Trump’s executive order, which he signed on his first day back in the White House, limits access to birthright citizenship to some children based on the citizenship and immigration status of their parents. The directive stops the Departments of State, Justice, and Homeland Security, along with the Social Security Administration, from issuing citizenship documents to people whose father, at the time of the child’s birth, was neither a U.S. citizen nor lawful permanent resident and whose mother was in the United States without the federal government’s authorization or under a temporary visa.
Today’s arguments mark the second time that the citizenship order reaches the Supreme Court. Last June, the court sided with the administration on a narrow procedural issue. In Trump v. CASA, the majority of justices concluded that lower courts had overstepped their authority in blocking implementation of the president’s order through a procedural vehicle called a universal injunction.
The justices aren’t likely to sidestep the order’s legality this time around. Instead, arguments in Trump v. Barbara are likely to focus squarely on the legality of Trump’s executive order.
Join me this morning to gauge what the justices think.