One of the states challenging President Donald Trump’s bid to end birthright citizenship lamented the Supreme Court’s decision Friday that makes it harder to block government policies nationwide but nonetheless appeared confident that it could still prevail in stymying Trump’s effort.
New Jersey Democratic Attorney General Matthew Platkin, who was among several state attorneys general challenging Trump’s executive order, said in a statement that “we are glad the Court recognized that nationwide orders can be appropriate to protect the plaintiffs themselves from harm—which is true, and has always been true, in our case.”
“We are confident that his flagrantly unconstitutional order will remain enjoined by the courts. And in the meantime, our fight continues: we will keep challenging President Trump’s flagrantly unlawful order, which strips American babies of citizenship for the first time since the Civil War, and we look forward to a decision in the coming months that holds this disgraceful order unlawful for good,” he said.
While the Supreme Court’s conservative supermajority limited the power of plaintiffs to seek nationwide orders that temporarily halt the government from enforcing a policy, it left unresolved what will happen with Trump’s birthright citizenship order, sending a set of cases over it back to lower courts for further review. Those lower courts could halt the policy on a broad basis again through other legal mechanisms, like class action lawsuits.
While the magats crow and cheer, the question of birthright citizenship is still unresolved. What the order did is create chaos in lower courts. There is still no answer on trump's effort to limit birthright citizenship. Instead, the order appears to give the executive more latitude to implement it's agenda and less ability of lower courts to issue nationwide injunctions. The Repub Congress is an arm of maga and now the courts have been nearly neuters. The US is perilously close to becoming Hungary 2.0.