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Justice Department Petitions Supreme Court to Rule on Trump’s Birthright Citizenship Order

Lower courts have halted the policy under the 14th Amendment, with the government urging review of two linked cases to reach a definitive ruling.

Overview

  • The Justice Department filed two petitions late Friday that are now docketed, seeking review of a Ninth Circuit decision and a New Hampshire class-action ruling, with responses due Oct. 29.
  • The January executive order would limit citizenship at birth to children with at least one parent who is a U.S. citizen or lawful permanent resident, a change multiple courts have found likely unconstitutional.
  • Solicitor General D. John Sauer asks the Court to hear Trump v. Washington alongside Trump v. Barbara to avoid standing disputes and ensure the justices reach the merits.
  • In June, the Supreme Court narrowed universal injunctions, yet classwide and other orders continue to block enforcement nationwide while the cases move forward.
  • A ruling could test the scope of U.S. v. Wong Kim Ark and affect an estimated 255,000 U.S. births each year to parents who lack permanent legal status.