Congressional Digest

Supreme Court Debates September 2025 No. 6 Vol. 28
CASA, Inc. et al., Respondents

Nationwide Injunctions

Birthright Citizenship and the Limits of Court Power

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CASA, Inc. et al., Respondents

The 14th Amendment to the U.S. Constitution, ratified in 1868, holds that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” For more than 100 years, U.S. courts have interpreted that text to mean that all persons born on U.S. soil are American citizens. On Jan. 20, 2025, however, President Donald Trump issued an executive order limiting birthright citizenship to the children of U.S. citizens and those with permanent immigrant status. CASA and other immigration activist organizations, along with a group…

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