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Supreme Court says lower court exceeded authority blocking birthright citizenship order

Daily Caller News Foundation

The Supreme Court decisively ended lower courts’ ability to block policies issued by the Trump administration using nationwide injunctions on Friday.

In a 6-3 ruling, the majority found that lower courts exceeded their authority by issuing a nationwide block on President Donald Trump’s birthright citizenship restrictions.

“The injunctions before us today reflect a more recent development: district courts asserting the power to prohibit enforcement of a law or policy against anyone,” Justice Amy Coney Barrett wrote in the majority opinion. “These injunctions—known as ‘universal injunctions’—likely exceed the equitable authority that Congress has granted to federal courts. We therefore grant the Government’s applications to partially stay the injunctions entered below.”

Justices Sonia Sotomajor, Ketanji Brown Jackson and Elena Kagan dissented.

“The rule of law is not a given in this Nation, nor any other,” Sotomayor wrote. “It is a precept of our democracy that will endure only if those brave enough in every branch fight for its survival. Today, the Court abdicates its vital role in that effort.”

The Trump administration appealed three lower court orders blocking the birthright citizenship ban from taking effect in April, asking the Supreme Court to limit the ability of district courts judges to block policies nationwide through universal injunctions.

Trump issued his “Protecting the Meaning and Value of American Citizenship” executive order, which ends guaranteed citizenship for children of illegal aliens or migrants on temporary visas, in January during his first day in office.

During oral arguments in May, Solicitor General John Saur noted judges have issued 40 universal injunctions issued against the administration since Trump took office.

This is a breaking news story and will be updated.

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