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Trump Administration Seeks to Lift Nationwide Injunctions in Birthright Citizenship Cases

Ilya Somin

Ilya Somin

Ilya Somin for the Volokh Conspiracy looks at the Trump administration’s attempt to lift the nationwide injunctions in three birthright citizenship cases.  “Four different federal courts have issued rulings blocking Donald Trump’s executive order denying birthright citizenship to children of undocumented immigrants and immigrants in the US on the temporary visas. Three of them have issued nationwide injunctions, blocking enforcement of the order throughout the country. The Trump Administration has filed nearly identical emergency applications asking the Supreme Court to intervene in all three cases (see here, here, and here): not to overturn them on the merits, but to narrow the scope of the injunctions so they apply only to specific parties in the case, and also exclude state governments, who are among the plaintiffs (they have standing because the order affects their public finances).”

Somin favors nationwide injunction in cases involving nationwide constitutional violations as in the birthright citizenship cases.

Amy Howe for SCOTUSBlog.com looks at the birthright citizenship proceedings before the Supreme Court.

KJ

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