Birthright citizenship and the Supreme Court decision June 27, 2025 Updated 6/29/2025

Birthright citizenship and the Supreme Court decision June 27, 2025

Update: 6/29/2025 Both the ACLU and CASA filed nationwide class action suits 6/28/2026  https://www.aclu.org/press-releases/groups-file-nationwide-class-action-lawsuit-over-trump-birthright-citizenship-order

Upate:  7 14 2025 The issue of undocumented migrants' rights has certainly risen in the context of the discussion of the 14th Amendment regarding birthright citizenship and other provisions of that amendment, since the wording clearly states it applies to "persons," not just citizens. That one will soon be in the hands of the Supreme Court, as a lower federal court has just ruled Judge Blocks Trump’s Birthright Citizenship Order in Class-Action Challenge - The New York Times

Update: 7/25/2025  Third court blocks Donald Trump birthright citizenship order nationwide after Supreme Court decision

 The near absolute power is being handed step by step to an American president, freed from the fear of being prosecuted for committing a crime, and now given the ability to ignore lower federal  injuncton decisions in the ruling handed down today in birthright citizenship. It is one more gift by the Supreme Court to emasculate the power of the two branches of government, the judicial and legislative branches, designed to check and balance each other and the executive, to bridle government abuse of power, and muzzle the inalienable rights of its citizens using the tools of fear and favor. The branch to which the extra power is given is already an administration dedicated to the unit/ary ability of one branch, the executive branch, which holds the reins of power without challenge, thereby becoming the enabler of an autocracy.

The precedence this decision sets gives Trump powers over other very important cases subject to nationwide injunctions, and most alarming are those concerning voters' rights.  Stay tuned on this one. Trump already has his list. https://www.washingtonpost.com/politics/2025/06/28/trump-nationwide-inunctions-supreme-court-ruling/   ...(  such as education and voters' rights?).

Immediately after the Supreme Court handed down its decision, the ACU and CASA, an immigration rights organization, filed class action suits that should force the Supreme Court to rule on the constitutionality of the amendment to uphold birthright citizenship. However, individuals affected still have the ability, if they have the money or help, to sue, and also groups of those affected can also sue in class action suits, as CASA just did.  That this is retroactive appears not to be the situation, and the Supreme Court case concerns children born in the US after February 19, 2025, when Trump signed the blatantly unconstitutional executive order.  It is possible that the Trump regime could block a class action suit reaching the Supreme Court through a legal maneuver.   7/2  Third lower federal court has just blocked Trump's edict,, as class action suits wend their way to the Supreme Court. Third court blocks Donald Trump birthright citizenship order nationwide after Supreme Court decision

https://www.americanimmigrationcouncil.org/blog/what-does-the-supreme-court-ruling-on-birthright-citizenship-mean/ "Friday’s ruling addressed three lawsuits that were filed against Trump’s executive order seeking to deny birthright citizenship to children born in the U.S. to undocumented parents or certain noncitizens on temporary visas. The judges in those lawsuits granted nationwide injunctions against Trump’s birthright citizenship executive order, arguing that it violated the Citizenship Clause of the 14th Amendment. Nationwide injunctions have been granted against Republican and Democratic policies alike. But SCOTUS ruled that, in most cases, district court judges cannot issue nationwide injunctions to block federal policies. They can only grant relief to the individuals or groups who brought a particular lawsuit.  This could mean that courts would be forced to allow harmful or unconstitutional policies to take effect in some places or against some individuals while being blocked in others—creating a chaotic and confusing patchwork of rules."

 From an AI inquiry on Google about the CASA class action suit filed June 27:

• "CASA and other groups, who had previously obtained a nationwide injunction against the order, are now seeking class-action relief to protect the rights of a broader group of individuals affected by the order, specifically those who have had or will have children born in the U.S. after February 19, 2025. 
• What the lawsuit challenges:

  The lawsuit challenges the constitutionality of President Trump's executive order, which seeks to limit birthright citizenship, arguing it conflicts with the 14th Amendment's guarantee of citizenship to all persons born in the U.S. 
• Impact:

  The lawsuit aims to ensure that the rights of U.S.-born children of immigrants are protected and that the executive order does not create a patchwork of conflicting rules regarding birthright citizenship across the country. 
• _________________________________________________

Trump is also seeking to denaturalize naturalized citizens

The DOJ’s New Denaturalization Push, Explained

Sneak budget bill provision: would sabotage federal courts ability to restrain government

 Alert: a sneak attack on the rule of law. It is bad enough that the Supreme Court gifted immunity to the president from prosecution for criminal conduct. Still, now the GOP Senate has changed this to make it virtually impossible for anyone to sue the federal government and get issued a TRO or injunction, or a temporary restraining order.A provision, first in the House version eliminating the ability of courts to issue contempt charges, and now revised to stop federal courts from issuing temporary restraining orders or preliminary injunctions per the Brennan Center "'On June 13, the Senate Judiciary Committee released a revised version of the budget reconciliation bill that also targets federal courts’ power to restrain the government. The revised provision preserves judges’ contempt authority but forbids courts from issuing temporary restraining orders or preliminary injunctions against the federal government unless the plaintiffs post a bond to cover any damages or costs to the government if the government eventually wins the case. The requirement does not take into account plaintiffs’ ability to pay, which would make it all but impossible to obtain preliminary relief against the government in many cases. Not only that, it would be retroactive to all pending cases. https://www.brennancenter.org/our-work/analysis-opinion/budget-bill-would-gut-federal-courts-ability-enforce-orders#:~:text=Buried%20in%20the%20House 's%20budget,compelling%20compliance%20with%20court%20orders.

This is one more step in the Trump administration's attempt to emasculate the only leg of the separation of power, left standing, turning us into a one-man rule, controlling in the one branch of the government left: the executive branch. The legislative branch, Congress, is little more than a rubber stamp and enabler of the Trump regime's power grab. This is how we become an autocracy that is a dictatorship of one person, by removing any ability of the judicial branch to hold the executive branch accountable. It must be stopped.

This is one more step in the Trump administration's attempt to emasculate the only leg of the separation of power, left standing,  turning us into a one-man rule, controlling in the one branch of the government left: the executive branch. The legislative branch, Congress, is little more than a rubber stamp and enabler of the Trump regime's power grab. This is how we become an autocracy that is a dictatorship of one person, by removing any ability of the judicial branch to hold the executive branch accountable.  It must be stopped.

https://mufticforumblog.blogspot.com/2025/05/the-rule-of-law-and-fedeal-courts-only.html

https://mufticforumblog.blogspot.com/2025/02/what-those-who-support-rule-of-law.html

Why yesterday's Trump edict to pause any grants or aid is very important news updated.

Update per various media: Ooops. https://www.nbcnews.com/.../trump-administration-rescinds... Another stupid is as stupid does by the Trump administration that does not have its act together and put Plan 2025 ideologues in charge at the OMB. https://www.nbcnews.com/.../trump-project-2025-russell...The order has been rescinded for now.  What was disturbing was the administration's attitude that they could decide to break agreements, contracts, and aid whenever they did not meet the ideological standards of Donald Trump or Project 2025 instead of the direction and the intent of the law, plus funding from Congress.  It was a power grab in keeping with Project 2025's plan to turn a system of checks and balances between the three branches of government and make the federal government a "unitary" government with just one branch holding power..the executive one.. led by a strong man. That will still be the issue if the administration fries this stunt again in a more limited or case-by-case attempt to make themselves the legislators and defy the Constitution.

Continuing with the original post.

 https://www.reuters.com/world/trump-orders-pause-all-federal-grants-loans-2025-01-28/ The lawsuits will start flying. What this order means after the temporary stay is lifted and the lawsuits settled in favor of Trump, is that Congress will have lost its power to control pursestrings and that any laws they passed directly on how the money will be spent are just ignored. Picking up the phone to call your congressman will be useless unless the OMB says you and your request passed Trump's ideology loyalty test. Congress will have been neutered or has become a bobblehead of nodding yes, Mr. Trump people...just like in China or Russia. The Constitution is clear that the Executive Branch does not hot have the power to legislate but to faithfully execute the laws Congress passed. Failing to execute a law because the president says he disapproves of it is not faithfully executing the law. Let's see how Trump's Supreme Court rules if the lawsuits get to them on this issue. If the Court rules against Trump, wait and see if Trump complies or defies.If the latter, the government of, by, and for the people (not just partisans of Trump) has perished. Welcome to the brave new world of the rule of Trump. It is going to take enormous bravery to defy him.

America a third world country?

 Aside from the decline in longevity and our ranking near the bottom in such measures of infant and maternal mortality,  we will look like a banana republic if the militias take to the streets and Trump is indicted and charged with crimes. He has called for violence if he is indicted. This is what despots and dictators do and what he could expect him to do if he wins in 2024.

https://www.yahoo.com/news/trump-turning-heat-raises-specter-133014762.html

The attempt by the GOP in the House  and in some southern state legislatures to prosecute the prosecutors of Trump or political opponents is also a sign of deterioration into the third world. The key to a successful demoracy is an independent judiciary and the officers of the court and the first turning a once functioning democracy into a semi-autocratic state where the rule of law does not pertain to the rulers or their favored supporters is the replace the judiciary with their flunkies or to control their appointees and their rulings.  That happened in both Turkey and Hungary.  If you want to see such an effort in progress, look what Netanyahu is attempting to do in Israel.  If there is one single reason not to elect Trump to a second term, this is it.  He has made his intent hardly secret by words and deeds to ignore the rule of law and to cripple the independence of prosecutors who threaten his power and his willing followers in the House as statehouses have taken their cue.  

Here's why Netanyahu's court overhaul had Israel teetering on the brink : NPR

How Erdoğan and Orbán pulled off the modern coup - Shout Out UK

Legislative Assaults on State Courts — June 2022 | Brennan Center for Justice

Could the House sue the President for refusing to carry out laws? Recommended analysis

Recommended analysis of an issue being advanced by GOP members of Congress. My take away: probably not; It would require a huge shift of the Supreme Court's established tradition and constitutional interpretation to get involved in this kind of action

Constitution Check: Could the House sue the President for refusing to carry out the laws?

Lyle Denniston looks at a big constitutional barrier to the courts acting as an arbiter of...

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