The Birthright Citizenship Ruling Is Being Overhyped
While the Supreme Court limited judges’ power to block Trump’s executive orders, it left them some options to achieve the same outcomes.
A fight for another day.
Photographer: Jim Watson/AFP via Getty Images/AFPIn a 6-3 decision split along ideological lines, the Supreme Court has ended the practice of universal injunctions. The ruling, which did not address President Donald Trump's executive order on birthright citizenship, eliminated a tool used by lower federal courts to block the executive branch from implementing unconstitutional laws or policies nationwide.
In the short term, the decision is a win for the Trump administration, which has faced multiple such orders issued by lower courts blocking a range of unprecedented and illegal actions. But the opinion, by Justice Amy Coney Barrett, left room for those courts to use other legal techniques to achieve the same end. And the Supreme Court will continue to be able to block executive actions nationwide with precedent-based rulings. The real-world outcome, therefore, may not be as bad as it appears on the surface.