Supreme Court Debates Scope of Judicial Authority Over Nationwide Policy Blocks

The Supreme Court recently heard a case officially centered on whether President Trump has the authority to terminate birthright citizenship. However, the hearing largely revolved around a different constitutional question: can a single judge in a lower court issue an injunction that halts the president’s policies nationwide? The administration argued against this, seeking to curtail the judiciary’s power to oversee executive actions beyond immigration matters.

This issue transcends party lines. Lawmakers from both political parties have expressed concerns about the expansive authority of lower courts. During the hearing, the justices did not split along ideological factions. The core of the discussion focused on the use of universal injunctions by lower courts.

Understanding the Controversy

Following the issuance of an executive order ending birthright citizenship, multiple groups filed lawsuits seeking to block the policy. Given the lengthy judicial process involving filings, hearings, and appeals, the policy could have prevented thousands of children born in the country from obtaining citizenship before the courts reached a final decision.

To address such situations, judges often issue injunctions that pause enforcement of contested policies until legal proceedings conclude. Increasingly, these injunctions have applied nationwide rather than being limited to specific jurisdictions. For instance, federal judges in Maryland, Washington state, and Massachusetts each issued nationwide orders halting the enforcement of the birthright citizenship ban.

Presidents from both parties have criticized this practice, arguing it grants disproportionate power to individual judges. With over 600 federal district judges, plaintiffs can often find a court sympathetic to their cause, making it easier to block presidential initiatives.

Potential Solutions and Challenges

Finding an effective solution to this issue is complex and was a significant focus of the recent hearing.

The administration proposed that injunctions should only apply to the specific parties involved in the lawsuit. Under this view, if an undocumented mother challenged the birthright citizenship policy, a court could grant relief solely to her child, rather than imposing a nationwide block.