From what I understand, its not the supreme court ok'd his move rather they stopped other lower federal courts from creating injunctions that stop the entire process, and they now limited them to stopping only those who bring forth lawsuits and who are affected by whatever it is.
this post was submitted on 28 Jun 2025
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Looking into it this whole thing is way more complicated than the headline makes it sound. The Supreme Court didn't actually give Trump permission to end birthright citizenship, they just made a ruling about how courts can block federal policies nationwide.
Basically what happened: Trump's birthright citizenship order has been blocked by multiple federal judges who said it's probably unconstitutional. Instead of arguing the constitutional issue (which he'd probably lose), Trump's team asked the Supreme Court to limit judges' power to issue nationwide blocks on policies. The Court agreed 6-3, but they specifically did NOT rule on whether ending birthright citizenship is legal.
So now Trump's celebrating like he won, but really all that changed is the procedural stuff. The constitutional problems with his order are still there: the 14th Amendment is pretty clear about birthright citizenship. Lower courts still have to reconsider their rulings, and immigrant rights groups are already filing new lawsuits.
It's more of a tactical win for Trump that might let him try to implement parts of his agenda in some places, but the fundamental legal challenges haven't gone away. The Truthout article is at least a little hyperbolic imo.
He did win though, because by telling federal judges that their rulings against executive orders cannot be.. Federal, nationwide, the supreme court took away about 99% of the (already mediocre) checks and balances against Trump's power (and any presidents power). To pass it off as just some procedural stuff misses how impactful this is, the only court powers that can stop his kings laws by edict ('executive orders') now are: case by case state-based rulings for federal judges, and the supreme court itself for nationwide rulings.
This is largely what Justice Sotomayor said in her dissent: this is a huge expansion of presidential powers by the SC removing restrictions from the president, over an issue that is abundantly clearly illegal (denying birthright citizenship), and it leaves the door wide open to further illegal orders.
Her dissent is worth a read, it begins on page 54: https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf
Fair point.
I was definitely too focused on the narrow "did they rule on birthright citizenship" question and missed the bigger picture. You're right that this is way more than just procedural, it's a massive shift in executive power.
The fact that federal judges can now only issue piecemeal, state-by-state rulings essentially breaks their ability to actually check presidential overreach in any meaningful way.
I think I got too caught up in fact checking the specific headline and missed how big Trump's win actually was here, just not in the way the headlines suggested. Thanks for the correction.
My prior understanding of the issue at hand is that the probable downside for limiting the nationwide application of some federal judge rulings is that the federal agencies have the resources to select a jurisdiction to enact rules that local judges have determined to be unconstitutional to one where local judges have not. Ex. if Feds can't violate someone's civil rights in New York, just move that someone to Florida where the Federal Agency can violate their civil rights.
Certainly there are scenarios in which federal judges being able to issue nationwide rulings is detrimental to left leaning causes as well (mifepristone bans), however without the supreme court first taking up the case of the constitutionality of birthright citizenship before making this current ruling on application of nationwide rulings, they're just being a bunch of shit fuck cowards.
100% on both counts.
The forum shopping issue you're describing is exactly the problem. Trump's team can now basically pick and choose where to implement policies that have been ruled unconstitutional elsewhere. It creates this patchwork where your constitutional rights depend on geography, which is obviously fucked.
And you're spot on about the cowardice. The Supreme Court absolutely should have ruled on the constitutional question first. That's the actual substantive issue everyone cares about. Instead they took the cop out that gives Trump more power without having to make the hard call on whether his order is constitutional.
Honestly it looks like classic Roberts Court behaviour: make big changes to how government works while pretending you're just doing technical legal housekeeping. They know damn well that ruling on birthright citizenship would be messy and politically explosive, so they found a way to help Trump without having to own the constitutional implications.
Your point about this cutting both ways (like with mifepristone) is important too, but the timing here makes it pretty clear what they're really doing.
Question : didn't the supreme court just say that lower level judges can't block him? Which would mean that appeal judges can? So this question is far from settled?
I think they said the judge didn't have the right to block it nation wide, only for the states that sued, which was 22 or something like that.
If you end birthright citizenship, then nobody gets to be a citizen by birth. If you can't be a citizen by birth, the only way to become a citizen is naturalization. If the only citizens are naturalized people, the country is 100% immigrants.
If the only citizens are naturalized people, the country is 100% immigrants.
What do they think America is founded on?
A mix of first generation immigrants, 2nd generation, 3rd generation, 4th generation, a few remaining natives.
100% first generation immigrants would be a major shift.
It's just the title, it even says in the article he would move forward with trying to redefine the 14th amendment. Basically it'll be if your parents are citizens, and your born here, you'll be a citizen. (My best guess)
I see, so he wants to change it to what it is already? Makes sense.
No, right now if your parents aren't citizens, and you are born here, you become a citizen. Say you come on a student visa, get pregnant your junior year and drop out of college to take care of your baby and try to figure out a life, the baby is a U.S. citizen. Very clearly as you can see that mother and child are a huge risk to national security. A person going to work and paying taxes while raising a kid and helping with the birthrate decline they supposedly care about is something we just can't have.
And if immigrants don’t need due process and can be sent to concentration camps then it’s really easy to make anyone disappear
If immigrants don't get due process, then nobody gets due process.
You could arrest Bill Clinton and claim he's an immigrant. If that means he doesn't get due process, he can never prove he's not an immigrant, and so he's stuck in Guantanamo forever.
Boston witch hunt all over again.
That's pretty much the plan imo
It's still a right embedded in the constitution. The supreme court didn't say he could do it....but the orange Cheetos in chief probably thinks they did because his mother gave birth to him at the top of a ladder
He is much closer to his stated goal
The power to deport any natural Born Citizen on demand for no reason at all
He has stated he wants.... Needs this
On Exactly why he has been vague
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Moron is literally BEGGING
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