Key takeaways from the historic Supreme Court debate on birthright citizenship
- The U.S. Supreme Court heard oral arguments on May 15, 2025, about President Donald Trump's executive order redefining birthright citizenship issued hours after his January 20 inauguration.
- The order seeks to eliminate automatic U.S. Citizenship for those born on American soil if one parent lacks lawful immigration status, but several federal judges across the country have blocked its implementation.
- The debate focused on whether individual judges can issue nationwide injunctions, not on the executive order’s constitutionality, as prior rulings confirm birthright citizenship under the 14th Amendment.
- Justice Elena Kagan voiced concern over the way district courts handle their cases, particularly regarding the issues of forum shopping and the scope of nationwide injunctions.
- The court’s decision could restrict federal judges’ power to issue nationwide injunctions, affecting how executive orders like Trump’s are challenged nationwide.
79 Articles
79 Articles
Takeaways from Supreme Court birthright citizenship case and injunctions
Leah Litman, constitutional law professor at the University of Michigan gives insight on Supreme Court arguments on birthright citizenship and nationwide injunctions. Litman is also the author of, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes.

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