14th Amendment Challenge Takes Backseat to Judicial Authority Questions

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In an unusual Supreme Court case, constitutional questions about birthright citizenship were overshadowed by procedural disputes over federal courts’ authority to issue nationwide injunctions. The 6-3 ruling prioritized judicial power limitations over constitutional analysis of Trump’s citizenship directive.
The Trump administration employed a distinctive legal strategy, asking the Supreme Court to restrict judicial authority rather than defending their policy’s constitutional merits. This approach allowed them to avoid directly arguing whether their birthright citizenship order complies with the 14th Amendment’s citizenship clause.
Justice Barrett’s majority opinion accepted this framing, focusing exclusively on whether federal judges possessed authority to issue universal injunctions. The decision leaves constitutional questions unresolved while immediately affecting how courts can respond to future executive actions that may violate fundamental rights.
Justice Sotomayor’s dissent characterized the administration’s strategy as transparent “gamesmanship” designed to implement potentially illegal policies while avoiding constitutional scrutiny. She argued that obvious constitutional violations warrant immediate and comprehensive judicial intervention to prevent widespread harm to affected individuals and families.

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