The important ruling of the US Supreme Court that extends the power of Trump (and what are its consequences)

- Author, Anthony Zurcher
- Author's title, BBC News correspondent in the US
2 hours

The Supreme Court gave this Friday a significant victory to Donald Trump and future US presidents, limiting the power of the lower courts to block executive orders.

President Trump, radiant, addressed the press on the podium of the White House press room, qualifying the decision as “important and surprising” and ensuring that the government is “very satisfied.”

He affirmed that it is a “monumental victory for the Constitution, the separation of powers and the rule of law.”

The Court's decision not only affects Trump's executive order related to citizenship by birth, but also encourages it to promulgate many of its other political measures, which have been temporarily frustrated by similar judicial orders.

Impact on citizenship by birth

Protesters outside the US Supreme Court (May 2025). — Photo foot, The court opened the door to the government to stop granting automatic citizenship to all persons born on American soil.

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 for the moment. Now the White House will have to implement its plan, which will not be an easy task.

On Friday, the highest court in the country allowed Trump's executive order that eliminates citizens by birth to enter into force within a month, leaving room for lower courts to limit the impact on those who have legitimacy to sue.

Traditionally, states are responsible for processing birth certificates, and many do not register the citizenship of parents. Democratic state governments will not hurry to do so, regardless of the wishes of the Trump administration.

And Judge Amy Coney Barrett, representing most of the magistrates, left the door open so that the states argue that a broader blockade is necessary to Trump's action on citizenship by birth.

This generates important legal battles.

“From the perspective of the states, their damages – financial periods and administrative burdens derived from the benefit programs for dependent citizens – cannot be remedied without a general prohibition of the application of the executive order,” Barrett wrote.

“The lower courts should determine if a more restrictive court order proceeds, so we leave in their hands the consideration of these and any related argument.”

President Trump described Friday's decision as a “great victory.”

He added that the “deception of citizenship by birth right” has been “indirectly affected” and that the decision would avoid “scams in our immigration process.”

Trump's attorney general, PAM Bondi, declared on Friday that the Supreme Court will decide whether the United States will eliminate citizens by birth right in October, during its next session.

Expansion of presidential power

The decision of the Court to limit the power of federal judges of first instance to issue judicial orders nationwide will have immediate and broad consequences.

Both Democratic and Republican presidents have frequently criticized those who consider ideological jurists of federal district courts, who have managed to block executive actions and even laws approved by Congress.

Although the elimination of automatic citizenship for the children of undocumented immigrants born in US territory is the central axis of this high profile case, there are other measures taken by Trump in recent months that have also been hindered by minor judges.

From Trump's possession to April 29, the Congress Research Service counts 25 cases of this type.

After Friday's decision, Trump declared to the press: “Now we can duly submit the request to proceed with policies that have been unduly prohibited.”

The lower courts have blocked the president's cuts to foreign aid, diversity programs and other government agencies; They have limited their ability to fire public employees, have suspended migratory measures and changes issued by the White House for electoral processes.

With the decision of the Supreme Court in this case, the Government is in a much more solid position to ask the courts to allow it to promote many of these initiatives.

During the presidency of Biden, the conservative judges prevented the Democrats from promulgating new environmental regulations, offering student loan condoms and modifying immigration standards.

The courts also blocked changes in the standardization of the immigration status of some undocumented immigrants during the presidency of Barack Obama, and prevented more administrative employees from being entitled to the payment of overtime.

In all these types of cases, the courts may intervene and stop the presidential actions that they consider illegal or unconstitutional.

In its opinion, the Supreme Court declared: “The lower courts will act quickly to ensure that, with respect to each plaintiff, precautionary measures are adjusted to this rule and, in general, to the principles of equity.”

But this will be resolved later in the judicial process, in the instance of appeal and in the Supreme Court.

Meanwhile, the presidents – Donald Trump and their successors, whether they are Republicans or Democrats – will have more time and margin of maneuver to act.