WORLD NEWS FOR MONTENEGRO DIASPORA
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AUTHOR:M.J. GDNUS
The US Supreme Court ruled 6-3 today to limit the power of federal judges to issue broad legal injunctions, ordering lower courts that had blocked US President Donald Trump's plan to limit birthright citizenship to curb the scope of their bans. But the court did not allow Trump's policy to take effect immediately, nor did it rule on its legality.
The ruling, written by conservative Justice Amy Coney Barrett, was issued in response to three national injunctions issued by federal judges in Maryland, Massachusetts and Washington, which have blocked the implementation of Trump's order while the court proceedings are ongoing. The court said that enforcement of the order cannot begin until 30 days have passed since the ruling.
Barrett stressed that the judiciary does not have unlimited power to enforce the law, while liberal justices led by Sonia Sotomayor opposed the decision, criticizing the court for ignoring the constitutionality of the policy. Sotomayor called Trump’s order “clearly illegal” and defended the use of national bans.
Trump hailed the ruling on social media, calling it a “HUGE VICTORY.” The policy, signed on his first day back in office, directs agencies to deny citizenship to children born in the United States to parents who are not citizens or permanent residents. Plaintiffs argue that the denial would affect more than 150,000 newborns a year and violate the 14th Amendment, which guarantees citizenship to everyone born on U.S. soil.
The administration argues that the 14th Amendment does not cover children of illegal or temporary immigrants, citing historical context and a narrow interpretation of the Supreme Court’s 1898 ruling (United States v. Wong Kim Ark).
The case also raised an unusual legal question about whether federal judges have the authority to issue nationwide injunctions that block policies broadly, rather than just individual plaintiffs. Presidents of both parties have opposed such injunctions, although their advocates see them as necessary to keep the executive branch in check.
The Supreme Court, with a conservative majority, has upheld several of Trump’s immigration policies since his return to office, including easing deportations and ending temporary legal protections for some immigrants. However, the court has blocked some deportations on procedural grounds.
