Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
The Supreme Court's birthright citizenship decision isn't as devastating as you think - Ian Millhiser @ Vox [View all]
VoxOn Friday, the Supreme Court released its long-awaited decision in Trump v. CASA, a case challenging President Donald Trump’s attempt to strip many Americans of citizenship. The Court handed Trump a narrow victory along party lines, with all six Republicans in the majority and all three Democrats dissenting.
The 14th Amendment provides that “all persons born or naturalized in the United States” are citizens, with one narrow exception that does not arise in CASA, so Trump’s executive order trying to strip many babies born in the US of their citizenship is clearly and unambiguously unconstitutional. Multiple lower courts have all reached this same conclusion.
There are three important takeaways from the CASA opinion:
The 14th Amendment provides that “all persons born or naturalized in the United States” are citizens, with one narrow exception that does not arise in CASA, so Trump’s executive order trying to strip many babies born in the US of their citizenship is clearly and unambiguously unconstitutional. Multiple lower courts have all reached this same conclusion.
There are three important takeaways from the CASA opinion:
1) It’s not actually about birthright citizenship
The specific issue was whether all the lower courts that struck down the Trump anti-citizenship order may issue a “nationwide injunction,” which would block that order everywhere in the country, or whether they must issue a more narrow injunction that only blocked it in certain states, or for certain families.
Justice Amy Coney Barrett’s majority opinion concludes that a nationwide injunction is not allowed…sort of. Much of the opinion is about why nationwide injunctions should be impermissible, but a key section suggests that, in this case, one might actually be okay.
The specific issue was whether all the lower courts that struck down the Trump anti-citizenship order may issue a “nationwide injunction,” which would block that order everywhere in the country, or whether they must issue a more narrow injunction that only blocked it in certain states, or for certain families.
Justice Amy Coney Barrett’s majority opinion concludes that a nationwide injunction is not allowed…sort of. Much of the opinion is about why nationwide injunctions should be impermissible, but a key section suggests that, in this case, one might actually be okay.
The Supreme Court’s birthright citizenship decision isn’t as devastating as you think www.vox.com/scotus/41795...
— Ian Millhiser (@imillhiser.bsky.social) 2025-06-27T15:08:58.564Z
20 replies
= new reply since forum marked as read
= new reply since forum marked as read