The Supreme Court limits the injunctions at national level in Birthright Citiz …

The Supreme Court in a decision 6-3 along the ideological lines of Friday has sided with the request of the Trump administration to limit the universal injunctions issued by the federal courts.

The opinion in the case of citizenship of the birth right was very early.

In question it was like the lower courts should manage the executive order of President Trump, which said that the children of the parents who enter illegally or on a temporary visa are not entitled to automatic citizenship.

The opinion of the majority, written by judge Amy Coney Barrett, did not decide whether the executive order of Trump Violi the 14th amendment or the law on nationality. Instead, it focused on the fact that the federal courts have the power to issue blocks at national level.

“Universal injunctions probably exceed the fair authority that Congress has given to the federal courts,” said the conservative majority.

“The Court guarantees the government’s questions for a partial stay of the injunctions inserted below, but only to the extent that the injunctions are wider than necessary to provide complete relief to each plaintiff with standing to be done in court.”

On Friday’s opinion asked the lower courts to reconsider their large judgments in the light of the opinion of the Supreme Court and otherwise “with principles of fairness”.

However, the opinion also stated that the citizenship order of Trump’s birth right cannot take effect for 30 days from Friday’s opinion, giving more time for legal challenges.

Trump made a rare apparition in the Briefing room of the White House after the decision, calling it a “monumental victory for the constitution, the separation of powers and the rule of law”.

He said that the sentence would allow his administration to move forward with the key elements of his immigration policy without the threat of large injunctions against them.

Prosecutor General Pam Bondi, who joined Trump at the press conference, said that the sentence means “the Americans are finally getting what they voted for”.

He observed that the merits of the citizenship order of the birth right have not yet been happy and refused to answer questions about how it would have been implemented and applied.

The dissenting from Friday’s decision was the three liberal judges of the court. Writing for them three, the judge Sonia Sotomayor said that the haste of the government to limit the injunctions at national level “ignores the basic principles of the net assets and the long history of injury of relief granted to the non -parts”.

The groups for the rights of immigrants and 22 states had sued the order of citizenship of the birth right of Trump and three different judges of the Federal District Court have invalidated the order of Trump, issuing what are called universal injunctions that exclude the administration to enforce Trump’s policy everywhere in the United States.

When the appeal courts refused to intervene while the dispute proceeded, the Trump administration asked the Supreme Court to completely block universal injunctions.

While Friday’s decision is procedural, the problem at the center of the case is the longtime vision of Trump that there is no automatic citizenship for people born in the United States. His first day in office this year, signed an executive order declaring that children born in the United States may not be citizens if their parents were not legally here or if the parents were legally here but on a temporary basis, as with a work visa. Trump’s opinion, however, is directly contradicted by a sentence of the Supreme Court 127 years ago – a decision that has never been disturbed and is based on the text of the 14th amendment to the Constitution of the United States.

The amendment says: “All people born or naturalized in the United States and subject to their jurisdiction, are citizens of the United States”. He was issued in 1866 after the civil war and aimed to reverse Scott’s infamous decision of the Supreme Court, who had declared that the blacks, slaveized or free, could not be citizens. It has always been applied to anyone born in the United States and on Friday the Supreme Court did nothing to change that understanding of 150 years.

Trump replied to the decision on Truth Social, calling it a “giant victory”. He implied that immigrants were trying to scam the process to obtain citizenship of the United States and that the 14th amendment had to give citizenship only to “Schiavi children (same year!)”.

NPR analyzes the decision of the Supreme Court on the citizenship of the birth right.

[NPR]

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