Trump asks Supreme Court to review birthright order
The Trump administration’s Justice Department has formally asked the U.S. Supreme Court to review an executive order that would narrow the 14th Amendment’s birthright‑citizenship rule, a petition that was shared with news outlets but has not yet been docketed and does not ask the Court to allow the restrictions to take effect while it considers the case. The order, which departs from the long‑standing Wong Kim Ark precedent, has prompted legal battles — Solicitor General D. John Sauer says lower‑court decisions undermine border security, while the ACLU’s Cody Wofsy calls the policy “plainly unconstitutional,” and scholars such as John Yoo and John Eastman offer competing historical interpretations as Justice Sonia Sotomayor has urged class actions.
📰 Sources (2)
- DOJ's petition was shared with the Associated Press and other parties but has not yet been docketed at the Supreme Court.
- The Justice Department is not asking the Court to allow the restrictions to take effect while the Court considers the petition.
- Direct quote from Solicitor General D. John Sauer framing lower-court decisions as undermining border security and a named ACLU response from lawyer Cody Wofsy calling the order 'plainly unconstitutional.'
- Action: The administration formally asked the U.S. Supreme Court to review the executive order (filing reported 'on Friday').
- Legal context: The order would narrow interpretation of the 14th Amendment away from the long‑standing Wong Kim Ark precedent; the ACLU filed a class action in New Hampshire challenging the policy.
- Named voices: Justice Sonia Sotomayor urged class actions in a recent dissent; legal scholars quoted include John Yoo and John Eastman arguing competing historical interpretations.