The Supreme Court judges of the United States decided on Friday (27), by six votes to three, that the national injunctions issued by three states, which bar the Plan of US President Donald Trump, are invalid to end the right to citizenship by birth.
However, the court indicated that Trump’s controversial plan may never be implemented.
The Republican government has requested restricting the reach of three national injunctions issued by federal judges in Maryland, Massachusetts and the state of Washington, who suspended the execution of the court decision while the case that disputes citizenship policy is underway.
The decision was written by conservative judge Amy Coney Barrett.
The Court ordered lower courts to reconsider the reach of its decisions and specified that Trump’s order would not come into force up to 30 days after Friday’s decision (27).
the Trump government wants to apply an executive order that challenges a fundamental principle of the 14th amendment.
The clause states that all “people born or naturalized in the United States and subject to their jurisdiction are citizens of the United States and the state in which they reside.”
On his first day back to office, instructing federal agencies to refuse to recognize the citizenship of children born in the United States who do not have at least one of their parents who are a US citizen or legal permanent resident, also called the carrier bearer.
IMPACT FOR IMMIGRANTS
More than 150,000 newborns would have citizenship denied annually under Trump’s directive, according to the plaintiffs who contested it, including democratic attorneys from 22 states, as well as defenders of the rights of pregnant immigrants and immigrants.
As this case was taken to court in an emergency appeal, he also deals with the issue of national injunctions that allowed the courts to suspend many of Trump’s priorities.
Judges could limit the power of a single federal judge to block a policy across the country.
Speaking for the most, Judge Amy Coney Barrett, Trump’s last nominee for the Supreme Court, wrote the dramatic opinion:
“Federal courts do not exercise general supervision of the executive branch; they resolve cases and controversies according to the authority that Congress has given them,” Barrett wrote in the name of the majority. “When a court concludes that the Executive Power acted illegally, the answer is not that the court also exceeds its power.”
Judge Sonia Sotomayor wrote the disagreement with the court decision. She said that most had “shamefully” contributed to the government’s “game” in the case, which she described as an attempt to impose a “patently unconstitutional” policy by not asking the judges to approve it, but to limit the power of federal judges across the country.
She warned that, according to the decision, “no right is safe in the new legal regime created by the Court.”
“Today, the threat is to citizenship by birth right. Tomorrow, a different government can try to grasp firearms from law -compliant citizens or prevent people from certain religions from gathering for religious cults,” Sotomayor wrote. “Most hold that, in the absence of complex collective disputes, courts cannot completely prohibit these clearly illegal policies unless this is necessary to provide total relief to the formal parts.”
The senior liberal member of the court took the rare initiative to read parts of her dissent on Friday (27).
“With a pen blow, the president made a ‘solemn mockery’ of our Constitution. Instead of staying firm, the court gives in. As such complicity should not take place in our legal system, I disagree,” she wrote.
Repercussion in the government
In the social network Truth Social, Trump defined the decision as a “giant victory” in the Supreme Court. “Even the scrutiny of citizenship by birth was indirectly attached. It had to do with slave babies (same year!), Not with the fraud of our immigration process. Congratulations to Attorney General Pam Bondi, Attorney General John Sauer and the entire Justice Department.
US Attorney General Pam Bondi celebrated the decision.
“Today, the Supreme Court has instructed the district courts to stop the endless flood of injunctions across the country against President Trump. This would not have been possible without the tireless work of our excellent lawyers and our Attorney General John Sauer,” Bondi wrote on social network. “This department of justice will continue to defend @potus’s policies and their authority to implement them,” he added.