Attorneys General from Delaware & Maryland Will Continue to Fight President Trump’s Birthright Citizenship Executive Order
As the US Supreme Court concluded its last decision day of its term on Friday, the Justices ruled 6 to 3 that individual judges lack the authority to grant nationwide injunctions, but did not rule on birthright citizenship. The Justices agreed with the Trump administration – and President Biden’s administration before it – that judges are overreaching by issuing orders that apply to everyone instead of just the parties before the court.
A report from FOXNews says the fate of birthright citizenship – is unclear as a conservative majority left open the possibility that changes on birthright citizenship could remain blocked nationwide. The President’s order would deny citizenship to US-born children of people who are in the US illegally. Cases return to lower courts where the judges have to decide how to work their orders to comply with the high court ruling. Enforcement can’t occur for 30 days.
Delaware Attorney General Kathy Jennings released the following statement Friday in reaction to the U.S. Supreme Court’s ruling limiting injunctions against a Trump executive order attempting to strip citizenship rights from American babies for the first time since the Civil War:
“The fundamental facts are unchanged: the President is subservient to the Constitution, not the other way around — and the Constitution is clear that birthright citizenship is a feature, not a bug, of American democracy. The fact that the government’s appeal sidestepped glaring moral and factual binaries, and fled instead to the safe harbor of procedure, only reinforces that. The essential question is not going away. In the meantime, the Supreme Court’s ruling leaves a path for Delaware and other plaintiffs to continue fighting against the individual harms of Trump’s executive order. We intend to do just that.”
U.S. Senator Chris Coons (D-Del.) issued the following statement in response to the Supreme Court’s decision in Trump v. CASA, Inc., which sided with the Trump administration’s request to limit universal injunctions issued by federal courts:
“The Constitution created three branches of government with equal power: the courts, Congress, and the president. Today, the Supreme Court made clear that one branch – the executive – has free reign to do what it wishes without meaningful checks or review.
“The Court’s ruling will only embolden President Trump and his illegal, dangerous dismantling of our federal government. It will create an unworkable patchwork of laws that shift depending on who you are or what state you’re in. It means courts will be flooded with case after case about the exact same thing – slowing our legal system and delaying justice for everyone. How will that work for those too poor to hire a lawyer? For children? For working parents?
“Barring further intervention by the Court, next month there will be children who will be citizens if they are born in Delaware, but if born in another state, might not be. This is as wrong as it is cruel. The Court has unleashed chaos and confusion. Children, their families, and our nation will pay the price.”
Maryland Attorney General Anthony G. Brown issued the following statement this morning on the Supreme Court of the United States’ decision in Trump v. CASA, Inc., a case challenging whether children born in the United States. are entitled to U.S. citizenship at birth under the Fourteenth
Amendment’s Citizenship Clause.
“In light of the Supreme Court’s decision this morning, I recognize that families across our country must continue to live with uncertainty about whether their children – born on U.S. soil – will be recognized as American citizens.
But the decision continues to leave open a question on what relief is necessary to address the President’s blatantly unconstitutional mandate. And, this un-American executive order still will not go into effect immediately. This fight is not over. We will continue to challenge this unlawful order – because justice demands it.”