States, groups ask SCOTUS to preserve birthright citizenship and nationwide block on Trump EO
A coalition of states and immigrant advocates has asked the Supreme Court to reject President Donald Trump's emergency request to roll back a nationwide injunction against his executive order ending birthright citizenship.
Four separate district courts and three federal appeals courts have kept the Trump policy on hold during litigation, finding it is very likely unconstitutional. Trump has argued that the nationwide injunctions are an abuse of judicial power and an infringement on presidential prerogative.
The states counter in a brief filed on Friday with the Supreme Court that preserving the status quo is hardly an abuse.
"Being directed to follow the law as it has been universally understood for over 125 years is not an emergency warranting the extraordinary remedy of a stay," they wrote. "This Court should deny the federal government's request. Many aspects of constitutional interpretation are hotly debated, but not the merits question in this case. For over a century, it has been the settled view of this Court, Congress, the Executive Branch, and legal scholars that the Fourteenth Amendment's Citizenship Clause guarantees citizenship to babies born in the United States regardless of their parents' citizenship, 'allegiance,' 'domicile,' immigration status, or nationality."
-ABC News' Devin Dwyer
