{"version":1,"tree":{"n":"html","c":[{"n":"head","x":"\n ","l":"\n ","c":[{"n":"title","x":"Desconocido","l":"\n \n "},{"n":"link","l":"\n","a":[["rel","stylesheet"],["type","text/css"],["href","../../stylesheet.css"]]},{"n":"link","l":"\n","a":[["rel","stylesheet"],["type","text/css"],["href","../../page_styles.css"]]}]},{"n":"body","a":[["class","calibre"]],"c":[{"n":"div","x":"| ","a":[["class","calibre_navbar"]],"c":[{"n":"a","x":"Siguiente","l":" | ","a":[["href","javascript:void(0)"],["rel","articlenextlink"],["data-xQvX3JSyyUS4yAvbblzwf5","{\"name\": \"feed_8/article_4/index_u29.html\", \"frag\": \"\"}"]]},{"n":"a","x":"Menú de sección","l":" | ","a":[["href","javascript:void(0)"],["data-xQvX3JSyyUS4yAvbblzwf5","{\"name\": \"feed_8/index_u72.html\", \"frag\": \"article_3\"}"]]},{"n":"a","x":"Menú principal","l":" | ","a":[["href","javascript:void(0)"],["data-xQvX3JSyyUS4yAvbblzwf5","{\"name\": \"index_u63.html\", \"frag\": \"feed_8\"}"]]},{"n":"a","x":"Anterior","l":" | ","a":[["href","javascript:void(0)"],["rel","articleprevlink"],["data-xQvX3JSyyUS4yAvbblzwf5","{\"name\": \"feed_8/article_2/index_u74.html\", \"frag\": \"\"}"]]},{"n":"hr","l":"\n","a":[["class","calibre6"]]}]},{"n":"div","a":[["class","calibre-nuked-tag-article"]],"c":[{"n":"div","x":"Born in the USA","a":[["class","calibre8"]]},{"n":"h1","x":"One of the most controversial executive orders will shortly land at SCOTUS","a":[["class","calibre9"]]},{"n":"div","x":"What to listen for in oral arguments over birthright citizenship","a":[["class","calibre19"]]},{"n":"p","x":"may. 14, 2025 10:27 | NEW YORK","a":[["class","calibre10"]]},{"n":"div","a":[["class","calibre-nuked-tag-article"]],"c":[{"n":"img","a":[["src","images/img1_u41.jpg"],["title","The silhouette of a boy walking past American flags in the background."],["class","calibre3"],["data-calibre-src","feed_8/article_3/images/img1_u41.jpg"]]}]},{"n":"div","x":"Stars and possible bars","a":[["class","calibre11"]]},{"n":"p","a":[["class","calibre12"]],"c":[{"n":"span","x":"S","a":[["data-caps","initial"],["class","calibre13"]]},{"n":"span","x":"WIFT ACTION","l":" is not a hallmark of America’s Supreme Court. Typically, more than a year passes before parties bringing their cases to the justices get a decision. But the Supreme Court has an “emergency docket”, too, and Donald Trump has it humming. Thirteen cases involving his administration’s moves have rocketed to the justices’ inboxes so far in his second term. By contrast, the George W. Bush and Barack Obama administrations made a total of eight emergency pleas to the justices over a span of 16 years.","a":[["class","calibre14"]]}]},{"n":"p","a":[["class","calibre12"]],"c":[{"n":"i","x":"Trump v CASA ","l":"challenges Mr Trump’s executive order on January 20th denying citizenship to babies born to undocumented migrants and temporary visa-holders. Federal courts in Maryland, Massachusetts and Washington quickly blocked the policy, noting the 14th Amendment’s command that “all persons born or naturalised” in America, “and subject to the jurisdiction thereof, are citizens”. The judge in Washington, an appointee of Ronald Reagan, said he couldn’t remember having such an open-and-shut case over his four decades on the bench. Mr Trump’s move, he fumed, is “blatantly unconstitutional”. On March 13th, after striking out in three appellate courts, the Trump administration asked the Supreme Court to weigh in.","a":[["class","calibre18"]]}]},{"n":"p","x":"The court has not hastened to Mr Trump’s rescue. It set a leisurely briefing calendar and took the unusual step (for the emergency docket) of scheduling a special oral argument session, on May 15th. The solicitor-general did not ask the justices to reverse the lower courts’ rulings against Mr Trump’s order outright. Instead, he asked the justices to narrow the injunctions to cover only the litigants in the cases—not the “hundreds of thousands” of people who may be affected by his directive. For Mila Sohoni, of Stanford University, such lack of uniformity would undermine justice and corrode the rule of law. It could mean that a baby born to non-citizen parents in New Jersey would be American while one born in Tennessee would not.","a":[["class","calibre12"]]},{"n":"p","x":"Even so, this gambit may prove shrewd. A majority of the justices are not likely to reject a fundamental principle of America’s constitutional order. Since 1898, when the Supreme Court confirmed in ","a":[["class","calibre12"]],"c":[{"n":"i","x":"United States v Wong Kim Ark ","l":"that a child of Chinese nationals born in San Francisco was a citizen","a":[["class","calibre18"]]},{"n":"i","x":",","l":" birthright citizenship has been understood as universal—with exceptions only for offspring of diplomats, invading soldiers and (until 1924) Native Americans. But nationwide or universal injunctions—the remedies put in place by the lower courts—alarm several of the justices.","a":[["class","calibre18"]]}]},{"n":"p","x":"Justices Neil Gorsuch and Clarence Thomas have been most vocal, calling universal injunctions “patently unworkable” and “legally and historically dubious”. Citing these and other justices’ comments, the Department of Justice lawyers contend that broad injunctions “stop the executive branch from performing its constitutional functions”. The “intolerable” situation “tars the entire judiciary with the appearance of political activism”.","a":[["class","calibre12"]]},{"n":"p","x":"Universal injunctions have become much more common since 2015, says Samuel Bray of Notre Dame University, when a judge stopped one of Barack Obama’s signature immigration orders. Since then, he says, judges have been overreaching to thwart “almost every major executive initiative” of Democratic and Republican presidents alike. Mr Bray thinks Mr Trump’s withdrawal of birthright citizenship is wrong and would sow “chaos and harmful legal uncertainty”. But he argues there are better ways to address it, including so-called “declaratory judgments” and class-action lawsuits. He predicts the court will dial back on nationwide injunctions, even as it makes clear its disdain for rewriting the 14th Amendment.","a":[["class","calibre12"]]},{"n":"p","x":"The justices may have another motive for curtailing judges’ power to stymie presidential orders: reducing the flood of emergency appeals to their tribunal. But Steve Vladeck, of Georgetown University, reckons there would be unintended consequences from such a move. The emergencies will only multiply, he says, when more and more plaintiffs have to bring their own cases against the president’s policies. ","a":[["class","calibre12"]],"c":[{"n":"span","x":"■"}]},{"n":"p","a":[["class","calibre12"]],"c":[{"n":"i","x":"Stay on top of American politics with ","a":[["class","calibre18"]],"c":[{"n":"a","x":"The ","l":", our daily newsletter with fast analysis of the most important political news, and ","a":[["href","https://www.economist.com/newsletters/us-in-brief"]],"c":[{"n":"span","x":"US ","l":"in brief","a":[["class","calibre14"]]}]},{"n":"a","x":"Checks and Balance","l":", a weekly note from our Lexington columnist that examines the state of American democracy and the issues that matter to voters.","a":[["href","https://www.economist.com/newsletters/checks-and-balance"]]}]}]}]},{"n":"div","x":"\n","a":[["class","calibre_navbar"]],"c":[{"n":"hr","l":"\n","a":[["class","calibre6"]]},{"n":"p","x":"This article was downloaded by ","l":"\n","a":[["class","calibre16"]],"c":[{"n":"strong","x":"calibre","l":" from ","a":[["class","calibre13"]]},{"n":"a","x":"https://www.economist.com/united-states/2025/05/08/one-of-the-most-controversial-executive-orders-will-shortly-land-at-scotus","a":[["href","https://www.economist.com/united-states/2025/05/08/one-of-the-most-controversial-executive-orders-will-shortly-land-at-scotus"],["rel","calibre-downloaded-from"]]}]},{"n":"br","a":[["class","calibre-nuked-tag-article"]]},{"n":"br","l":" | ","a":[["class","calibre-nuked-tag-article"]]},{"n":"a","x":"Menú de sección","l":" | ","a":[["href","javascript:void(0)"],["data-xQvX3JSyyUS4yAvbblzwf5","{\"name\": \"feed_8/index_u72.html\", \"frag\": \"article_3\"}"]]},{"n":"a","x":"Menú principal","l":" | ","a":[["href","javascript:void(0)"],["data-xQvX3JSyyUS4yAvbblzwf5","{\"name\": \"index_u63.html\", \"frag\": \"feed_8\"}"]]}]}]}]},"ns_map":["http://www.w3.org/1999/xhtml"]}