“Nationwide Judge Power Challenged in Supreme Court Birthright Case”

What’s the Issue?

Former President Donald Trump wants to end birthright citizenship — the automatic right to US citizenship for anyone born on US soil.

But he’s facing legal obstacles from lower court judges, who blocked his executive order nationwide, saying it goes against the 14th Amendment of the US Constitution, which guarantees birthright citizenship.

What Is the Supreme Court Deciding?

The Supreme Court isn’t directly deciding whether Trump’s order is right or wrong — at least, not yet.

Instead, the main issue right now isCan lower court judges block a president’s order across the whole country?
Or should their rulings apply only to specific people or states involved in a case?

Trump’s lawyers say:
Lower court judges should not have that much power.
They’re slowing down the president’s ability to enforce laws and act quickly.

Opposing lawyers (from states like New Jersey) say:
Limiting judges this way would cause confusion — one law working in one state, but not in another.
It would make citizenship rules inconsistent and chaotic.

Why This Matters

If the court sides with Trump:

Future presidents could use executive orders more freely, without judges being able to stop them nationwide.
Trump could push immigration changes faster, even without Congress.
If the court sides with the states/lower courts:

Judges keep the power to immediately block unconstitutional actions across the country.
What Are the Justices Saying?

Some conservative justices seem to agree that judges have too much power.
Liberal justices worry that limiting judges could lead to dangerous policies going unchecked.
Justice Sotomayor gave an example: If a future president banned gun ownership, courts might be unable to block it quickly.
What Could Happen to People Born in the US?

If Trump’s order eventually succeeds:

Children born in the US to undocumented immigrants might lose their automatic citizenship.
Some could become stateless — meaning no country would legally consider them a citizen.

What the Lower Judges Want :

The lower court judges — in places like Maryland, Massachusetts, and Washington — want toBlock Trump’s Executive Order Nationwide

They believe Trump’s order to end birthright citizenship is likely unconstitutional, so they issued nationwide injunctions — legal orders that stop the policy from being enforced anywhere in the U.S. while the legal case is ongoing.

Why Are They Doing This?

1.      Protect Constitutional Rights
They believe the order violates the 14th Amendment, which says anyone born in the U.S. is a citizen. So, they blocked it to protect people’s rights.

2.    Prevent Confusion and Unequal Treatment
If they only blocked the order in one state (say, Maryland), then:

A child born in Maryland might be a citizen

But a child born in Texas might not
That would create a “patchwork” system, which the judges say is chaotic and unfair.

3.    Keep the Federal Government in Check
Lower judges feel it’s their role to check executive power and stop potentially unconstitutional actions before they cause harm — especially when they affect large groups of people.

Their Main Argument:

“Until this is fully decided in court, we’re hitting the pause button — for the entire country — to prevent damage and protect people’s rights.”The oral argument for this case were heard in the U.S. Supreme Court on Thursday, May 9, 2025.

That’s when the justices listened to both sides:

Lawyers for Donald Trump and the federal government (arguing that lower courts shouldn’t block executive orders nationwide)
Lawyers for a group of states and immigration advocates (arguing that the nationwide injunctions are necessary to prevent harm and confusion)
The hearing lasted about two hours, and the justices asked many tough questions.

What Happens Next?

The Supreme Court has not yet announced when it will make a decision.
A ruling could come anytime between now and late June or July 2025 — before the court’s current term ends.