Judge Blocks Trump's Birthright Citizenship Ban

The 14th Amendment stipulates that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Trump argued that birthright citizenship has been abused and ushered in an era of “birth tourism,” in which foreign nationals have babies in the US to give their children citizenship.

Federal judges in Maryland, Massachusetts and Washington had issued sweeping universal injunctions, also known as nationwide injunctions, to block that order from taking effect.

But the Supreme Court ruled last month that the lower courts lack the authority to issue universal injunctions, a practice that has become more frequent over recent decades.

The high court left open the possibility of other national blocks against presidential actions, including when class action lawsuits are filed, which allow plaintiffs to sue on behalf of a larger cohort of people. The Supreme Court did not weigh in on the merits of Trump’s order.

In a concurring opinion, conservative Justice Samuel Alito warned the lower courts against loosening their standards when it comes to certifying classes in class action lawsuits.

“These requirements are more than ‘a mere pleading standard,’ … and a hasty application of Rule 23 of the Federal Rules of Civil Procedure can have drastic consequences, creating ‘potential unfairness’ for absent class members and confusion (and pressure to settle) for defendants,” Alito wrote.