The Trump administration is urging the Supreme Court to limit the power of lower courts, using emergency appeals that could indirectly help dismantle birthright citizenship. Instead of directly challenging the 14th Amendment, Trump’s legal team argues that federal judges have overstepped their authority by blocking his policies, including his effort to deny citizenship to certain U.S.-born children.
Acting Solicitor General Sarah Harris told the court that nationwide injunctions have become an “epidemic” and urged justices to curb their use. The administration claims its request is “modest,” seeking only to narrow injunctions rather than overturn them entirely. However, if granted, this move could allow Trump to advance his executive order on birthright citizenship, except for those directly involved in the lawsuit.
Legal experts say this strategy is unlikely to succeed, given that courts have interpreted the 14th Amendment for over 150 years to guarantee citizenship to anyone born in the U.S., regardless of their parents’ immigration status. Federal judges have already blocked Trump’s effort, with one ruling calling it “blatantly unconstitutional.”
The Supreme Court has asked for responses by April 4, signaling no rush to intervene. However, if conservative justices support Trump’s argument, it could reshape judicial power while allowing his administration to move forward with policies that challenge long-established constitutional principles.
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