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BREAKING: The Supreme Court Announces It Will Take Up a Challenge to President Trump’s January 20 Birthright Citizenship Executive Order. The Court Will Hear the DOJ’s Appeal After Losing in a Class-Action Case Filed Following June’s Decision Limiting Universal Injunctions.

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WASHINGTON, D.C. — The U.S. Supreme Court announced today that it will take up a major constitutional challenge to President Donald Trump’s executive order issued on January 20, which sought to restrict birthright citizenship for certain children born on U.S. soil.

The justices agreed to hear the Department of Justice’s appeal after lower federal courts ruled against the administration in a sweeping class-action lawsuit filed shortly after the Court’s June decision limiting the use of nationwide, or “universal,” injunctions.

That earlier ruling had narrowed the power of lower courts to block federal policies nationwide, prompting multiple overlapping challenges to the executive order.

In the case now heading to the Supreme Court, plaintiffs argue that Trump’s directive unlawfully reinterprets the 14th Amendment’s Citizenship Clause and exceeds presidential authority.

A federal district court sided with the challengers, and the appellate court affirmed, leaving the policy blocked.

The DOJ contends that the executive order is a lawful clarification of existing immigration law and says the lower courts misapplied constitutional precedent.

 

The Supreme Court is expected to hear arguments in the coming term, setting the stage for one of the most consequential immigration and constitutional cases of the year.

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