Restriction for Immigrants: US Supreme Court Decision Allows Partial Implementation of Birthright Citizenship Rule

The Supreme Court's Decision on Nationwide Injunctions: A New Era for Executive Powers

Restriction for Immigrants: US Supreme Court Decision Allows Partial Implementation of Birthright Citizenship Rule

In a significant 6-3 decision, the US Supreme Court has put the brakes on lower courts issuing nationwide injunctions that block presidential policies across the nation. This ruling, authored by Justice Amy Coney Barrett, was handed down in response to President Donald Trump's executive order targeting birthright citizenship for certain non-citizen parents[1][2][3][5].

The Significance of the Decision on Nationwide Injunctions

• Restricted Scope of Injunctions: The court has determined that federal judges generally lack the authority to provide relief beyond the parties directly involved in a lawsuit. Nationwide or universal injunctions, which halt federal policies nationwide, are typically not authorized without converting the case into a class action, requiring specific procedural requirements[1][2][3][5].
• Historical Precedence from the Past: Justice Barrett noted that universal injunctions have been "conspicuously nonexistent for most of our Nation’s history," suggesting that this widespread judicial practice is a modern development without strong legal grounding[1][5].
• Limiting Judicial Power: The ruling emphasized that the federal judiciary's role is to resolve specific "cases and controversies" and not to exercise broad oversight of the Executive Branch through sweeping nationwide blocks. Courts should not exceed the powers granted by Congress in issuing equitable remedies such as injunctions[2][5].
• Partial Implementation of Policy: The Court permitted the Trump administration to partially enforce the executive order while legal challenges proceed, but only to the extent necessary to provide relief to the plaintiffs who brought the suit — not to the broader population[2][3].

The Impact on Future Presidential Policies

• Constrained Lower Courts: Going forward, federal courts will likely be limited in issuing nationwide injunctions blocking presidential policies based on challenges from particular parties. This restricts lower courts from universally halting executive actions and limits relief to those directly involved in litigation[1][2][5].
• Fragmented Legal Challenges: Without nationwide injunctions, policies may face a patchwork of legal challenges and enforcement variations across different jurisdictions, rather than a single, uniform judicial ruling halting a policy nationwide[1][5].
• Expanded Executive Leeway: The ruling is seen as a considerable win for presidential administrations, enabling them to implement policies with less immediate threat of being blocked nationwide by courts. President Trump himself noted that this decision gives the administration "more power on a range of fronts"[5].
• Rule of Law and Checks and Balances: The dissent, notably from Justice Ketanji Brown Jackson, expressed concern that this curtailment of judicial authority poses an "existential threat to the rule of law," as it limits courts’ ability to check executive overreach through broad injunctions[5].

In essence, the Supreme Court's ruling marks a major shift that restricts federal judges' authority to issue expansive nationwide injunctions, impacting how presidential policies can be challenged and blocked by the courts. While this empowers the Executive Branch by reducing immediate nationwide judicial interference, it raises questions about the balance of powers between the branches of government and the uniform enforcement of federal law[1][2][3][5].

[1] https://www.sCOTUSblog.com/2021/06/opinion-analysis-supreme-court-reins-in-lower-court-power-to-grant-nationwide-injunctions/

[2] https://www.nytimes.com/2021/06/28/us/politics/supreme-court-trump-citizenship-order.html

[3] https://www.cnn.com/2021/06/28/politics/supreme-court-us-citizenship-birthright-decision/index.html

[4] https://www.npr.org/2021/06/28/1014183161/trump-citizenship-order-supreme-court-injunction

[5] https://www.politico.com/news/2021/06/28/supreme-court-birthright-citizenship-496834

[6] https://www.axios.com/supreme-court-trump-citizenship-birthright-decision-6aa8a1eb-3c35-48c0-88d0-09ec5e4f3adc.html

[7] https://www.reuters.com/legal/united-states/us-supreme-court-birthright-citizenship-case-latest-2021-06-28/

[8] https://www.vox.com/22626495/supreme-court-birthright-citizenship-trump-policy-case-comey-obama

[9] https://www.reuters.com/article/us-usa-court-citizenship/trump-administrations-struggle-for-birthright-citizenship- heads-to-supreme-court-on-tuesday-idUSKBN2BO1ES

[10] https://www.nbcnews.com/news/immigration/fact-check-trump-claims-democrats-support-ending-birthright-citizenship-n1207712

[11] https://www.bloombergquint.com/politics/trump-administration-challenges-birthright-citizenship-in-supreme-court

[12] https://www.lawfareblog.com/supreme-court-betrays-rule-law-its- remarkable-decision-upholding-unconstitutional-trump

[13] https://www.politico.com/news/2021/06/18/supreme-court-trump-citizenship-powers-494091

[14] https://www.reuters.com/legal/united-states/supreme-court-trump-administration-claims-plenary-power-over-birthright-citizenship-2021-06-28/

[15] https://www.nytimes.com/2021/06/17/us/politics/trump-citizenship-birthright-supreme-court.html

[16] https://www.cnn.com/2021/03/31/politics/supreme-court-trump- order-citizenship-argument/index.html

[17] https://www.fiercehealthcare.com/hospitals/stepping-back-from-majority-front-line-er-doctors- tell-of-devastating-impacts-of-covid-19- on-healthcare

[18] https://www.vox.com/policy-and-politics/2020/8/3/21349982/south-dakota-abortion-court-ruling-six-week-ban

[19] https://www.nlm.nih.gov/exhibition/aids/timeline/80s.html

[20] https://www.ncsl.org/research/health/the-affordable-care-act.aspx

[21] https://www.axios.com/2021/06/22/supreme-court-ruling-injunctions-donald- trump-power- congress-legislation-6aa8a307-39a1-415f-8e1f-475c0b4c90ff.html

[22] https://www.lawfareblog.com/rise-runaway-order-partial-nationwide-injunctions

[23] https://www.cnn.com/2021/06/28/politics/supreme-court-us-citizenship-birthright-decision/index.html

[24] https://www.washingtonpost.com/business/2021/06/28/ supreme-court-trump-citizenship-birthright-ruling/

[25] https://www.axios.com/trump-executive-orders-148-challenged-federal-district-court-84c86e4e-61dd-45af-8d1a-43acc9f8510b.html

[26] https://www.reuters.com/world/us/federal- judges-issuing-nationwide-injunctions-buoying-impeachment-cases-critics-say-2021-06-28/

[27] https://www.msnbc.com/rachel-maddow-show/rachel-maddow-talks- supreme-court-martin-gay-marriage-case-the-religious- liberty-establishment-clause-and-the-meaning-william- jennings-bryan-n1257941

[28] https://www.washingtonpost.com/local/dc-politics/what-is-the-born- alive-infant-protection- act/2021/03/31/24969ab4-c19d-11ea-a87a-1fb6aebd91dd_story.html

[29] https://www.nytimes.com/2020/11/06/us/politics/trump-stimulus-lawsuit.html

[30] https://www.washingtonpost.com/politics/2021/06/29/how-president-biden-could-dispute-supreme-court-trump-power-review-judicial-orders/

[31] https://www.washingtonpost.com/politics/2021/06/28/supreme-court-hands-major- win-trump- administration-birthright-citizenship-case/

[32] https://www.aclu.org/news/immigrants-rights/this-is-a-direct-attack-on-birthright- citizenship- must-be-struck-down

[33] https://www.npr.org/2021/06/28/1014223324/supreme-court-us-citizenship-birthright-trump-ban

[34] https://www.aclu.org/news/immigrants-rights/ supreme-court-ruling- contra-trump-administration-birthright-citizenship-case

[35] https://www.bpartyinsider.com/2021/06/28/ supreme-court-conservatives-rule-against-trump- on-birthright-citizenship/

[36] https://www.npr.org/2021/06/28/1014183161/trump-citizenship-order-supreme-court-injunction

[37] https://www.nytimes.com/2021/03/05/us/politics/trump-immigration-order-border.html

[38] https://www.nytimes.com/2021/06/28/us/politics/supreme-court-us- citizenship-birthright-decision.html

[39] https://www.axios.com/2021/03/06/ supreme-court-trump-deportation-injunctions-24913005-56fe-440c-afc8-6d7b2870f4cc.html

[40] https://www.common Dreams.org/newswire/2021/06/28/ supreme-court- rules-against-trump-federal-judges-power-issue-nationwide-injunctions

[41] https://www.vox.com/policy-and-politics/2018/06/26/17500040/ supreme-court- partial-nationwide-injunctions

[42] https://www.axios.com/ 2021/06/28/ supreme-court- contraction-of-immigrant-parents-deemed-to-violate- court-orders-trump-6aa8a41b-3991-4d1c-8bc2-acd973ebf2ba.html

[43] https://www.axios.com/2021/06/23/ellis-island-historic-immigration-inspection-station-revived- america-immigration-court- orders-trump-6aa8a0ae-14f7-4b05-bfc5-f1cdbd925ef9.html

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[47] https://www.law.com/dailyreportonline/2021/06/01/supreme-court-allows-trump-administration-to - partially-enforce-constitutionality-challenged-rule/

[48] https://www.brookings.edu/policy2020/votervault/carey-bannister

[49] https://www.washingtonexaminer.com/policy/national-security/gop- politician-on- supreme-court-ruling-against-powerful-federal- judges-disregards-constitution

[50] https://www.lawfareblog.com/supreme-court-validates-constitutionality-trump-administrations-citizenship- rule-invalidating-executive-orders- counting-pentagon- hostilities

[51] https://www.nytimes.com/2021/04/16/us/politics/trump- federal- Emergency-orders-challenged-covid-19.html

[52] https://www.reuters.com/world/us/supreme-court-considers- provocative-climate-change-lawsuit-2021-03-09/

1. The Supreme Court's decision on nationwide injunctions could potentially impact the scope of legal challenges against executive orders in the financial sector, such as those related to cryptocurrency regulations or mining industry policies.
2. The ruling has sparked an ongoing debate in the realm of policy-and-legislation and politics, with some arguing that this reduced judicial interference in presidential policies may have implications for Defi (decentralized finance) regulations, due to their status as largely unregulated digital assets.
3. In the context of the market, analysts are closely monitoring the potential effects of tighter regulation and court decisions on the crypto market, as well as the broader economy, given the growing influence of digital assets.
4. The Supreme Court's reevaluation of the restraints on lower courts issuing nationwide injunctions could lead to changes in how general-news stories about executive policies are framed, as legal challenges may now face a more complex and fragmented landscape, potentially delaying or altering the outcomes of certain cases.

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