The Supreme Court will hear oral arguments Thursday in a case that stems from President Donald Trump’s order on birthright citizenship. But the court won’t be ruling on the constitutionality of Trump’s executive order, but rather on the issue of nationwide injunctions.
“This case is not about the underlying merits,” GianCarlo Canaparo, a Heritage Foundation senior legal fellow, said on a call with reporters last week, adding that the acting U.S. solicitor general was very strategic in asking the Supreme Court to look at the nationwide injunctions issue, instead of the merits of the broader case.
On his first day in office, Trump signed an executive order limiting the interpretation of birthright citizenship.
Historically, the 14th Amendment, which reads, “All persons born or naturalized in the United States, and subject to the jurisdiction…
