Birthright citizenship was not struck down. Universal injunctions were struck down, which means the Constitution will be applied in any cases where a state has a law on the books or a class action suit has been brought and a statewide injunction has been declared. These suits will wind their way through the courts and may possibly be heard by the Supreme Court.
I’d like to predict the USSC would decline to hear the case because there would be no discrepancies in prior rulings and the legal question would be so obvious, but I’ve given up trying to predict this court. In any event, I do think it’s unlikely they would rule against birthright citizenship, since it would be plainly unconstitutional and there’s no real wiggle room to reinterpret it differently.
Birthright citizenship was not struck down. Universal injunctions were struck down, which means the Constitution will be applied in any cases where a state has a law on the books or a class action suit has been brought and a statewide injunction has been declared. These suits will wind their way through the courts and may possibly be heard by the Supreme Court.
I’d like to predict the USSC would decline to hear the case because there would be no discrepancies in prior rulings and the legal question would be so obvious, but I’ve given up trying to predict this court. In any event, I do think it’s unlikely they would rule against birthright citizenship, since it would be plainly unconstitutional and there’s no real wiggle room to reinterpret it differently.