The Heritage Foundation has expressed approval of the Supreme Court's recent 6-3 decision in the case of Trump v. CASA, Inc. The ruling partially stayed several nationwide injunctions issued by lower courts against an executive order from January 20, which aimed to end universal birthright citizenship.
Hans von Spakovsky, who manages the Election Law Reform Initiative and is a senior legal fellow at The Heritage Foundation, commented on the decision: "The Supreme Court’s rebuke of nationwide or universal injunctions is an important step toward restoring the judiciary to its proper constitutional role. Judges have the power to guard the rights of the people who come before them, but they don’t have the power to set or derail nationwide policy. They’re judges, not presidents or legislators, and today’s decision reminds them of that."
Lora Ries, director of Heritage’s Border Security and Immigration Center, noted that while the Court did not address the merits of ending universal birthright citizenship under the 14th Amendment, it returned this issue to a lower court for consideration. She said: "The longer this issue goes undecided, the more illegal aliens and temporary visitors will exploit the universal birthright citizenship interpretation to prevent their deportation and to receive financial and long-term immigration benefits available for U.S. citizens."
Heritage Senior Legal Fellow Amy Swearer added that although questions about the executive order's constitutionality remain unresolved by this decision, there is optimism regarding future outcomes: "A majority of this Court once again demonstrated a commitment to saying what the law is, and not what they wish it to be. This, of course, will prove very important in a case where advocates of universal birthright citizenship routinely mischaracterize or ignore the compelling historical evidence supporting a far more limited original meaning of the Citizenship Clause."
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