Campaign Legal Center Responds to SCOTUS Ruling Limiting Court Restraints on Unconstitutional Presidential Actions
Washington, DC — The U.S. Supreme Court today ruled in Trump v. CASA that the attempts by several lower courts to halt nationwide enforcement of President Trump’s birthright citizenship executive order were too broad. In denying the district courts’ nationwide injunction authority, the Supreme Court limits the power of the judiciary in favor of executive power — at the expense of Americans’ basic rights.
In doing so, the Court overturned decades of precedent, expanding the power of the presidency at a time when we, as a nation, are veering dangerously close to authoritarianism.
Trevor Potter, president of Campaign Legal Center and former Republican chairman of the Federal Election Commission, released the following statement:
“The Supreme Court’s ruling means that the judiciary will now have fewer tools to protect the constitutional rights of Americans.
“When constitutional rights are at issue, these injunctions by district courts historically have promoted uniformity in the law and ensured that rights can be protected across the country until a final decision is reached on the merits.
“With this ruling, the Supreme Court has stifled lower courts from stepping in to protect all Americans when the Trump administration, or any future presidential administration, engages in unconstitutional and lawless efforts. This is a huge shift in the balance of power and should put all Americans on notice that their day-to-day rights are now at stake.
“However, while the Court has significantly narrowed future pathways for relief, it has not closed them. There are indeed still pathways available via nationwide class action lawsuits and other legal remedies. Lower courts must continue the crucial work of holding the president accountable for unlawful conduct when these cases reach their courtrooms in the future.”
Background:
The birthright citizenship provision of the United States Constitution is the cornerstone of our democracy because it ensures that all Americans, regardless of who our parents are, have equal rights under the law and the opportunity to make our voices heard. It cannot be ended by any politician, including the president.
Campaign Legal Center submitted several briefs on behalf of the Secure Families Initiative (SFI) urging the lower courts to strike down the president’s unconstitutional attempt to end birthright citizenship via executive order.
The Supreme Court only ruled on the injunction authority question and did not address the merits of the president’s attempt to end birthright citizenship. Every court addressing the merits of that order has found it clearly unlawful. Campaign Legal Center will continue our efforts to ensure birthright citizenship is upheld as the law of the land.
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Campaign Legal Center is a nonpartisan legal organization dedicated to solving the wide range of challenges facing American democracy.
Founded in 2002, CLC fights for every American’s freedom to vote and participate meaningfully in the democratic process.
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