Ruling Does Not Address Constitutionality of Birthright Citizenship, Litigation Continues
FOR IMMEDIATE RELEASE
LOS ANGELES – In a 6-3 ruling, the Supreme Court limited nationwide injunctions. The Supreme Court did not address the constitutionality of the birthright citizenship executive order, which every court that has, has found to be flagrantly unconstitutional. Instead, the Supreme Court used this case to limit the use of nationwide injunctions, a legal dispute that has been brewing for years. As a consequence, the Supreme Court has sent a shock wave to immigrant communities across the country and failed to take into account the grave human consequences at stake.
The Supreme Court’s order does not take effect today, and there will be further litigation in the coming days to sort out where, if anywhere, the unconstitutional birthright citizenship order is allowed to take effect. Already this morning, plaintiffs in at least one existing case have sought to have a class action certified in response to this morning’s ruling by the Supreme Court. That is because the Supreme Court’s ruling today allows court orders to remain in place when necessary to protect the plaintiffs who have challenged the order, and makes clear that nationwide relief may be granted when class actions are certified. In the coming days the litigation in those cases will determine the scope of this morning’s ruling. Karen Tumlin, Founder and Director of Justice Action Center, released the following statement:
“The Supreme Court would like us to look at today’s decision from the narrow lens of injunctions, but we cannot allow the Court to take the focus off of the human lives at stake with their attempt to mask today’s ruling as a technical legal fight on the scope of nationwide injunctions. Today’s ruling is the culmination of a far-right, xenophobic wish list to subjugate entire categories of people – babies – into lesser members of our society. As the daughter of an immigrant, as a mother, and as a lawyer, this ruling breaks my heart for our communities and our country.
“Make no mistake: the administration will not stop here. Just look at what they’ve done this past month alone: sending masked officers into neighborhoods, hospitals, and schools to tear parents away from their children; indiscriminately deporting fathers to third country prisons; and pulling the rug from under hundreds of thousands of people with lawful status who they have rendered undocumented overnight.
“The Supreme Court’s decision today is a tragic setback, but it is not the end of the fight. The underlying case will continue, and we all must raise our voices to advocate for a society that sees the inherent dignity and worth of all of us.”
###
Justice Action Center (JAC) is a nonprofit organization dedicated to fighting for greater justice for immigrant communities by combining litigation and storytelling. JAC is committed to bringing additional litigation resources to address unmet needs, empower clients, and change the corrosive narrative around immigrants in the U.S. Learn more at justiceactioncenter.org and follow us on Bluesky, Instagram, Facebook, and LinkedIn.