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U.S. Supreme Court,
Immigration,
Constitutional Law

Apr. 21, 2025

Trump administration uses birthright citizenship case to challenge nationwide injunctions

The U.S. Supreme Court has agreed to hear arguments in May on the scope of injunctive relief, with major implications for presidential authority and judicial reach. The Trump administration appears to be trying to avoid a direct challenge, for now, to the long-standing birthright citizenship precedent set by Wong Kim Ark.

Trump administration uses birthright citizenship case to challenge nationwide injunctions

Rather than directly challenging U.S. v. Wong Kim Ark, the landmark 1898 U.S. Supreme Court decision that established birthright citizenship for children born in the U.S. to non-citizen parents, the Trump administration has centered its legal strategy on narrowing the scope of nationwide injunctions.

In its Supreme Court filings, the administration devoted most of its argument not to overturning the core constitutional precedent, but to limiting the power of district judg...

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