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The Supreme Court on Friday limited the ability of federal judges to temporarily pause President Trump’s executive orders, a major victory for the administration. But they made no ruling on the constitutionality of his move to end birthright citizenship, and stopped his order from taking effect for 30 days.
The court’s ruling also appeared to upend the ability of single federal judges to freeze policies across the country, a powerful tool that has been used frequently in recent years to block policies instituted by Democratic and Republican administrations.
The 6-to-3 decision, written by Justice Amy Coney Barrett and split along ideological lines, may dramatically reshape how citizenship is granted in the United States, even temporarily.
In a blistering dissent, Justice Sonia Sotomayor called the decision “a travesty for the rule of law.”
The majority stressed that it was not addressing the merits of Trump’s attempt to end automatic citizenship for babies born on U.S. soil to undocumented migrants and foreign visitors without green cards.
Here’s what else to know:
- The delay in the effective date of the court’s ruling gives time for another way to challenge President Trump’s executive orders: class actions.
- The case before the justices arose from an executive order signed by Mr. Trump on the first day of his second term, that appeared to upend the principle known as birthright citizenship, which has been part of the Constitution for more than 150 years.
- Federal trial judges have consistently ruled against the Trump administration, stymieing efforts to withhold funds from schools with diversity programs, to relocate transgender women in federal prisons and to remove deportation protections from hundreds of thousands of Venezuelan migrants.
- The ability of federal judges to pause rulings for the whole country, known as nationwide injunctions, are controversial judicial tools. They have been used to block Democratic and Republican policies.
- Mr. Trump’s order on birthright citizenship prompted immediate legal challenges from 22 Democratic-led states and immigrant advocacy organizations and pregnant women concerned that their children might not automatically be granted citizenship. Within days, federal judges in Washington State, Maryland and Massachusetts temporarily blocked the executive order.
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