On January 20, 2025, President Trump issued an executive order effectively ending birthright citizenship for children born to mothers who are unlawfully present or temporary lawful residents in the United States and whose fathers are not lawful permanent residents at the time of the child’s birth. One day later, four states and three individuals challenged this order in the U.S. District Court for the Western District of Washington, which three days later granted a universal temporary restraining order enjoining the government from implementing this order. Two weeks later, this became a nationwide injunction. Other similar nationwide injunctions have since been issued from the U.S. District Court for the District of Maryland and the U.S. District Court for the District of Massachusetts. The government appealed all of these, and the Supreme Court took the case in order to decide the issue of whether, under the Judiciary Act of 1789, federal courts have equitable authority to issue universal injunctions.
On June 27, 2025, the Court ruled in favor of the government, holding that “universal injunctions likely exceed the equitable authority that Congress has given to federal courts.” The Court granted the government’s applications for a partial stay of these injunctions, “but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue.”
Join this FedSoc Forum to discuss this case, its decision, and future implications.
Featuring:
Ed Wenger, Partner, Holtzman Vogel Baran Torchinsky & Josefiak PLLC
Moderator: Elbert Lin, Chair, Issues & Appeals, Hunton Andrews Kurth LLP
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