Cato Institute discuss Trump administration's push to end birthright citizenship
From Cato Institute
Thomas Berry•Director of Constitutional Studies, Cato Institute
Executive Summary
The Supreme Court is currently deliberating on a Trump-era executive order that challenges the long-standing U.S.
policy of birthright citizenship as established by the 14th Amendment.
The immediate case before the court is not about the constitutional merits of birthright citizenship itself, but rather the procedural issue of whether a single lower court can issue a nationwide injunction to block the policy.
An imminent ruling against the nationwide injunction could create a temporary, state-by-state patchwork of citizenship rules for children born to non-citizen parents, creating significant legal uncertainty.
A final decision on the core constitutional question of birthright citizenship is not expected for another one to two years, as the case would return to lower courts for litigation on the merits.
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Concerns Raised
A change in birthright citizenship law would create a massive, complicated shift, making it difficult to determine who is a citizen.
Lifting the nationwide injunction could create a confusing patchwork of citizenship laws that vary by state.
The use of nationwide injunctions short-circuits the normal, deliberative appellate process, allowing one judge to set policy for the entire country.
Opportunities Identified
The Supreme Court has an opportunity to clarify the legal standard for nationwide injunctions, a contentious issue for multiple administrations.
The ongoing litigation will eventually force a definitive Supreme Court ruling on the modern interpretation of the 14th Amendment's citizenship clause.