Daily Bar News

Todays Date: Click here to add this website to your favorites
  rss
Bar News Search >>>
law firm web design
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming


The legal battle over President Donald Trump’s move to end birthright citizenship is far from over despite the Republican administration’s major victory Friday limiting nationwide injunctions.

Immigrant advocates are vowing to fight to ensure birthright citizenship remains the law as the Republican president tries to do away with more than a century of precedent.

The high court’s ruling sends cases challenging the president’s birthright citizenship executive order back to the lower courts. But the ultimate fate of the president’s policy remains uncertain.

Here’s what to know about birthright citizenship, the Supreme Court’s ruling and what happens next.

What does birthright citizenship mean?

Birthright citizenship makes anyone born in the United States an American citizen, including children born to mothers in the country illegally.

The practice goes back to soon after the Civil War, when Congress ratified the Constitution’s 14th Amendment, in part to ensure that Black people, including former slaves, had citizenship.

“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States,” the amendment states.

Thirty years later, Wong Kim Ark, a man born in the U.S. to Chinese parents, was refused re-entry into the U.S. after traveling overseas. His suit led to the Supreme Court explicitly ruling that the amendment gives citizenship to anyone born in the U.S., no matter their parents’ legal status.

It has been seen since then as an intrinsic part of U.S. law, with only a handful of exceptions, such as for children born in the U.S. to foreign diplomats.

Trump has long said he wants to do away with birthright citizenship

Trump’s executive order, signed in January, seeks to deny citizenship to children who are born to people who are living in the U.S. illegally or temporarily. It’s part of the hardline immigration agenda of the president, who has called birthright citizenship a “magnet for illegal immigration.”

Trump and his supporters focus on one phrase in the amendment — “subject to the jurisdiction thereof” – saying it means the U.S. can deny citizenship to babies born to women in the country illegally.

A series of federal judges have said that’s not true, and issued nationwide injunctions stopping his order from taking effect.

“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is. This is a blatantly unconstitutional order,” U.S. District Judge John Coughenour said at a hearing earlier this year in his Seattle courtroom.

In Greenbelt, Maryland, a Washington suburb, U.S. District Judge Deborah Boardman wrote that “the Supreme Court has resoundingly rejected and no court in the country has ever endorsed” Trump’s interpretation of birthright citizenship.

Is Trump’s order constitutional? The justices didn’t say

The high court’s ruling was a major victory for the Trump administration in that it limited an individual judge’s authority in granting nationwide injunctions. The administration hailed the ruling as a monumental check on the powers of individual district court judges, whom Trump supporters have argued want to usurp the president’s authority with rulings blocking his priorities around immigration and other matters.

But the Supreme Court did not address the merits of Trump’s bid to enforce his birthright citizenship executive order.

“The Trump administration made a strategic decision, which I think quite clearly paid off, that they were going to challenge not the judges’ decisions on the merits, but on the scope of relief,” said Jessica Levinson, a Loyola Law School professor.

Attorney General Pam Bondi told reporters at the White House that the administration is “very confident” that the high court will ultimately side with the administration on the merits of the case.

Questions and uncertainty swirl around next steps

The justices kicked the cases challenging the birthright citizenship policy back down to the lower courts, where judges will have to decide how to tailor their orders to comply with the new ruling. The executive order remains blocked for at least 30 days, giving lower courts and the parties time to sort out the next steps.

The Supreme Court’s ruling leaves open the possibility that groups challenging the policy could still get nationwide relief through class-action lawsuits and seek certification as a nationwide class. Within hours after the ruling, two class-action suits had been filed in Maryland and New Hampshire seeking to block Trump’s order.

But obtaining nationwide relief through a class action is difficult as courts have put up hurdles to doing so over the years, said Suzette Malveaux, a Washington and Lee University law school professor.

“It’s not the case that a class action is a sort of easy, breezy way of getting around this problem of not having nationwide relief,” said Malveaux, who had urged the high court not to eliminate the nationwide injunctions.




The Supreme Court sided with e-cigarette companies on Friday in a ruling making it easier to sue over Food and Drug Administration decisions blocking their products from the multibillion-dollar vaping market.

The 7-2 opinion comes as companies push back against a yearslong federal regulatory crackdown on electronic cigarettes. It’s expected to give the companies more control over which judges hear lawsuits filed against the agency.

The justices went the other way on vaping in an April decision, siding with the FDA in a ruling upholding a sweeping block on most sweet-flavored vapes instituted after a spike in youth vaping.

The current case was filed by R.J. Reynolds Vapor Co., which had sold a line of popular berry and menthol-flavored vaping products before the agency started regulating the market under the Tobacco Control Act in 2016.

The agency refused to authorize the company’s Vuse Alto products, an order that “sounded the death knell for a significant portion of the e-cigarette market,” Justice Amy Coney Barrett wrote in the majority opinion.

The company is based in North Carolina and typically would have been limited to challenging the FDA in a court there or in the agency’s home base of Washington. Instead, it joined forces with Texas businesses that sell the products and sued there. The conservative 5th U.S. Circuit Court of Appeals allowed the lawsuit to go forward, finding that anyone whose business is hurt by the FDA decision can sue.

The agency appealed to the Supreme Court, arguing that R.J. Reynolds was attempting to find a court favorable to its arguments, a practice often referred to as “judge shopping.”

The justices, though, found that the law does allow other businesses affected by the FDA decisions, like e-cigarette sellers, to sue in their home states.

In a dissent, Justice Ketanji Brown Jackson, joined by Justice Sonia Sotomayor, said she would have sided with the agency and limited where the cases can be filed.  

The Campaign for Tobacco-Free Kids called the majority decision disappointing, saying it would allow manufacturers to “judge shop,” though it said the companies will still have to contend with the Supreme Court’s April decision.

Attorney Ryan Watson, who represented R.J. Reynolds, said that the court recognized that agency decisions can have devastating downstream effects on retailers and other businesses, and the decision “ensures that the courthouse doors are not closed” to them.



Several close U.S. allies urged a return to the negotiating table in the wake of American strikes on Iran that fueled fears of a wider conflict, while noting the threat posed by Tehran’s nuclear program. Some countries and groups in the region, including those that support Iran, condemned the move while also urging de-escalation.

U.S. President Donald Trump had said Thursday that he would decide within two weeks whether to get involved in Israel’s war with Tehran. In the end, it took just days. Washington hit three Iranian nuclear sites early Sunday.

While the amount of damage remained unclear, Iranian Foreign Minister Abbas Araghchi said the U.S. had “crossed a very big red line,” the time for diplomacy was over and Iran had the right to defend itself.

Some have questioned whether a weakened Iran would capitulate or remain defiant and begin striking with allies at U.S. targets scattered across the Gulf region.

Here is a look at reactions from governments and officials around the world.

U.N. Secretary General Antonio Guterres said he was “gravely alarmed” by the use of force by the United States.

“There is a growing risk that this conflict could rapidly get out of control — with catastrophic consequences for civilians, the region, and the world,” he said in a statement on the social media platform X. “I call on Member States to de-escalate.”

“There is no military solution. The only path forward is diplomacy.”

British Prime Minister Keir Starmer warned of escalation beyond the Middle East as he called for all sides to negotiate a diplomatic end to the crisis, saying stability was the priority in the volatile region.

The U.K., along with the European Union, France and Germany, tried unsuccessfully to broker a diplomatic solution in Geneva last week with Iran.

Starmer said Iran’s nuclear program posed a grave threat to global security.

“Iran can never be allowed to develop a nuclear weapon and the U.S. has taken action to alleviate that threat,” Starmer said.

Dmitry Medvedev, who serves as deputy head of President Vladimir Putin’s Security Council, said several countries were prepared to supply Tehran with nuclear weapons.

He didn’t specify which countries, but said the U.S. attack caused minimal damage and would not stop Tehran from pursuing nuclear weapons.

Russia’s Foreign Ministry said it “strongly condemned” the airstrikes and called them a “a gross violation of international law, the U.N. Charter, and U.N. Security Council resolutions.”

The Iraqi government condemned the U.S. strikes, saying the military escalation created a grave threat to peace and security in the Middle East. It said it poses serious risks to regional stability and called for diplomatic efforts to de-escalate the crisis.

“The continuation of such attacks risks dangerous escalation with consequences that extend beyond the borders of any single state, threatening the security of the entire region and the world,” government spokesman Bassem al-Awadi said in the statement.

Saudi Arabia, which previously condemned Israel’s strikes on Iran’s nuclear facilities and military leaders, expressed “deep concern” about the U.S. airstrikes, but stopped short of condemning them.

“The Kingdom underscores the need to exert all possible efforts to exercise restraint, de-escalate tensions, and avoid further escalation,” the Foreign Ministry said in a statement.

China condemned U.S. strikes on Iran, calling them a serious violation of international law that further inflamed tensions in the Middle East.

In a statement, the Chinese Foreign Ministry urged all parties — especially Israel — to implement a cease-fire and begin dialogue.

“China is willing to work with the international community to pool efforts together and uphold justice, and contribute to the work for restoring peace and stability in the Middle East,” the ministry said.

The European Union’s top diplomat said Iran must not be allowed to develop a nuclear weapon, but she urged those involved in the conflict to show restraint.

“I urge all sides to step back, return to the negotiating table and prevent further escalation,” EU foreign policy chief Kaja Kallas said in a post on social media.

Japanese Prime Minister Shigeru Ishiba told reporters Sunday that it was crucial to calm the situation as soon as possible, adding that the Iranian nuclear weapons development also must be prevented.

Ishiba, asked if he supports the U.S. attacks on Iran, declined to comment.

Pope Leo XIV made a strong appeal for peace during his Sunday Angelus prayer in St. Peter’s square, calling for international diplomacy to “silence the weapons.”

After an open reference to the “alarming” situation in Iran, the first American pontiff stressed that “today more than ever, humanity cries out and invokes peace and it is a cry that demands reason and must not be stifled.”

Pope Leo urged every member of the international community to take up their moral responsibility to “stop the tragedy of war before it becomes an irreparable abyss.”


ⓒ Daily Bar News - All Rights Reserved.

The content contained on the web site has been prepared by Daily Bar News
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.

Affordable Law Firm Website Design by Law Promo