Supreme Court takes up Trump birthright appeal

The New Jersey Attorney General said a constitutional right like birthright citizenship 'cannot be turned on or off at the whims of a single man'

New Jersey Attorney General Matthew Platkin defends birthright citizenship
New Jersey Attorney General Matthew Platkin defends birthright citizenship
(Image credit: AP Photo / Michael Casey)

What happened

The Supreme Court yesterday said it will consider President Donald Trump's emergency request to lift or limit nationwide injunctions blocking his order to deny citizenship to the U.S.-born children of undocumented immigrants and temporary residents. Three federal judges have halted Trump's effort to end birthright citizenship, enshrined in the 14th Amendment to the Constitution, and appellate courts have declined to intercede.

Who said what

By taking on such a weighty issue "at this stage — before it has been fully aired" in lower courts, The Wall Street Journal said, the Supreme Court is "setting the stage for a decisive ruling" on Trump's authority to "unilaterally alter an age-old understanding of a fundamental right provided by the Constitution." The oral arguments are expected to focus more narrowly on the "scope of the nationwide orders," not the "constitutionality of the administration's proposal," The Washington Post said. But the "justices probably will find it hard to avoid that underlying issue," The Associated Press said. 

Trump said he was "so happy" the court had agreed to hear his appeal, adding that the case was "so misunderstood" and "birthright citizenship is about slavery." New Jersey Attorney General Matthew Platkin said a constitutional right like birthright citizenship "cannot be turned on or off at the whims of a single man."

The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up

What next?

The Supreme Court left the nationwide blocks on Trump's order intact at least until its May 15 hearing.

Rafi Schwartz, The Week US

Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.