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- Author, Writing
- Author's title, BBC News
The United States Supreme Court issued a ruling by 6 votes to 3 that will limit the power of the judges to block the orders of President Donald Trump throughout the country.
The case is derived from the order given by President Trump to eliminate the constitutional right of citizenship by birth for the children of undocumented immigrants.
The ruling will allow the presidential order between partially in force in 30 days, after the judges of lower courts had blocked it.
Trump described the decision as a “great victory” and the attorney general, Pam Bondi, said the “endless flood” of precautionary measures against the president will stop.
The Supreme Court is dominated by a conservative majority and Trump appointed three of the nine judges.
In her discrepant opinion, Judge Sonia Sotomayor argued that the decision of the Supreme Court is an “open invitation for the government to elude the Constitution.”
While this ruling allows the partial application of Trump's decree that orders to end automatic nationality for the children of the undocumented, does not resolve their constitutionality.
The attorney general, Pam Bondi, said that the ruling on citizenship by birth will be decided in October, in the next session of the Supreme Court.
Trump reacted to the sentence less than an hour after the decision was known. “Great victory in the United States Supreme Court!” He wrote in Truth Social
“Even citizenship fraud by birth has been indirectly, hard affected. It was thought for slave babies, nothing has to do with the scam of our immigration process,” he added. (Capital letters are used by the president in his messages through social networks).
Citizenship by birth is guaranteed by the fourteenth amendment of the Constitution.
According to the PEW Research Studies Center, in 2022 (last year with available data) approximately 1.2 million babies were born from undocumented immigrant parents in the United States.
“This is not over”
The attorney general of the state of New York, Letitia James, described the ruling as “a deep and disappointing setback for families who now face enormous uncertainty and danger, for the millions of people who depend on the courts to protect their constitutional rights and for the State of fundamental right.”
New York was one of the 19 states that joined the lawsuit against the executive order of the Trump government.
“This is not over,” he added. “While I trust that our case in defense of citizens by birth will finally prevail, my heart hurts by families whose lives could be disrupted by the uncertainty of this decision.”
Image source, EPA
After the announcement of the judicial decision, Trump answered questions from the reporters in the White House. These are some of the key points:
- The president said the decision represents a “monumental victory for the Constitution, the separation of powers and the rule of law.”
- He said that in recent months, “Radical Left Judges” have tried to cancel their powers as president, and added that precautionary measures nationwide were a “serious threat to democracy.”
- The attorney general, Pam Bondi, said that the decision implies that the judges will not be able to stop Trump's policies.
- On the substantive issue of the constitutionality of Trump's order to prohibit citizens by birth, Bondi expressed his confidence that the Court will fail in his favor when he returns from his break in October.
According to the BBC correspondent in the White House, Bernd Debusmann Jr., the judicial resolution “is a victory for the White House at the end of what they clearly consider a solid week, which began with the air attacks against Iran and ended with the decision of the Supreme Court.”
Trump's initial comments added, they made it clear that he considers that the decision has eliminated an obstacle and that he now feels more lively to carry out his political objectives.
What effects does the decision have?
Anthony Zurcher, correspondent for the BBC in North America, explains that, in essence, the Supreme Court has opened the door so that the Trump administration ceases to grant automatic citizenship to all people born on American soil, at least at the moment.
Now the White House will have to implement its plan, which will not be an easy task.
The highest court in the country allowed Donald Trump's executive order, which eliminated citizens by birth, entered into force within a month, leaving room for lower courts to moderate the impact on those who have legitimacy to sue.
Traditionally, states are responsible for processing birth certificates and many do not register the citizens of the parents.
“Democratic state governments will not hurry to do so, regardless of the wishes of the Trump administration,” Zurcher said.
The power of the Supreme Court as “only control”
Margo Schlanger, a professor at the University of Michigan and director of the Civil Rights Information Center, harshly criticized the decision of the Supreme Court, qualifying it as a “very bad” decision for the rule of law.
Not only because of the ruling of this Friday that limits the capacity of the lower courts, said the expert, but also for her ruling at the beginning of this week, which allowed the deportation of migrants to third countries, despite the fact that there was a court order of a lower court.
With these decisions, Schlanger argued, the federal government has allowed the fouls of the lower courts, essentially turning the Supreme Court into the only control of the presidential authority.
Both rulings, he said, are a maneuver of the Supreme Court to affirm that they are the ones who decide.
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