United States President Donald Trump on March 13 approached the Supreme Court to challenge lower courts blocking his bid to end birthright citizenship in the country, according to an AFP report.
Donald Trump has signed the highly contentious order on his first day in office on Janury 20. It has since been blocked by the federal district courts in Maryland, Massachusetts and Washington states citing the US Constitution.
What Does the US Constitution Say on Birthright Citizenship?
The US Constitution enshrines birthright citizenship as “anyone born on American soil is a citizen”, which is what Donald Trump is seeking to end in order to block the chilren of illegal immigrants, temporary students, and work visa and tourists visa holders from being “born American”, the report noted.
As per the AFP report, the US Constitution’s 14th Amendment says, in part: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Notably, Donald Trump’s executive order ending birthright citizenship would have come into effect from February 19, 2025.
Ending Birthright Citizenship: Why Does Donald Trump Need The US Supreme Court?
As three lower courts moved to block his move, the US Justice Department under the Donald Trump administration has approached the US Supreme Court with an “emergency application”, as per the report. This seeks to narrow the scope of the nationwide lower court injunctions to the individual plaintiffs in the three cases, it added.
The DoJ’s acting solicitor general Sarah Harris said the “modest request” at present does not seek a ruling from the SC on the constitutionality of ending birthright citizenship.
“Those universal injunctions prohibit a Day 1 Executive Order from being enforced anywhere in the country. While the parties litigate weighty merits questions, the Court should ‘restrict the scope’ of multiple preliminary injunctions that ‘purport to cover every person in the country,’ limiting those injunctions to parties actually within the courts’ power,” Harris said.
DoJ Opposes Number of Injunctions Stopping Trump’s Moves
Donald Trump has had his moves since taking office legally blocked by courts across the US — the latest being a District Court in California on March 13 ordering six federal agencies to rehire thousands of probationary workers who had been fired.
Harris in her note to the SC opposed the “number of injunctions” being issued by district court judges against the Trump administration, saying: “Universal injunctions have reached epidemic proportions, are preventing the Executive Branch from performing its constitutional functions.”
The conservative-dominated US Supreme Court, which includes three justices nominated by Donald Trump, is primed to play a significant role as the president tests the limits of his executive power and the judiciary pushes back.
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