The Birthright Citizenship Showdown Focuses on Nationwide Injunctions

The Trump administration may regret making the birthright citizenship case its test of nationwide injunctions.

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People protest outside the Supreme Court over President Donald Trump’s move to end birthright citizenship as the court hears arguments over the order in Washington, D.C., May 15, 2025.

Drew Angerer/AFP via Getty Images

This morning, the Supreme Court heard arguments in Trump v. CASA, Inc. and two other consolidated cases challenging Donald Trump’s executive order eliminating birthright citizenship for the children of transients and illegal aliens. CASA raises two distinct high-profile disputes: the constitutional definition of birthright citizenship under the 14th Amendment, and the scope of nationwide injunctive relief that can be ordered by district courts. Judging from the argument, it appears that the Court will focus its decision narrowly on the nationwide-injunction issue. The administration may live to regret choosing this case as a vehicle to decide that question.

National Birthrights

Dan McLaughlin

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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