ACLU files class action to challenge Supreme Court decision on birthright citizenship

Exploiting a potential gap in a Supreme Court ruling that restricts broad universal injunctions against President Trump’s executive orders, the American Civil Liberties Union and advocates for immigrants’ rights are now initiating a class action against the president’s attempt to limit birthright citizenship.

The lawsuit alleges that the Trump administration is defying the Constitution, the intentions of Congress, and established Supreme Court precedent, seeking an urgent restraining order to prevent the enforcement of the executive order.

Filed in the United States District Court in New Hampshire on behalf of a proposed group of affected babies and their parents, the case aims to challenge what is seen as an unjust order. Cody Wofsy, the deputy director of the ACLU’s Immigrants’ Rights Project, emphasized that every court that has examined this policy has deemed it unconstitutional, and they are determined to protect the citizenship rights of every child.

There was a similar lawsuit filed by the same groups earlier this year in the same court, which focused on protecting babies born on U.S. soil who might be impacted by the executive order. This case is currently under review at the First Circuit Court of Appeals, with scheduled oral arguments for August 1. The latest class action seeks to broaden this protection to all families in the country, addressing any gaps that might exist in the ongoing legal battle.

In a recent Supreme Court ruling, justices decided to place restrictions on lower court judges who issue nationwide injunctions against executive orders, handing President Trump a victory. The six-three decision clarified that lower courts should not exceed the necessary scope when issuing injunctions. However, the three liberal justices dissented from this view.

Various federal district court judges previously imposed a nationwide pause on Trump’s birthright citizenship executive order, with the Supreme Court noting that these lower courts had overstepped their authority without fully examining the order’s constitutionality.

The ACLU’s lawsuit aims to find a way around the issue that the Supreme Court addressed. Justice Sonia Sotomayor, in a dissenting opinion, highlighted that class actions could be a useful tool against governmental overreach, but indicated that they are not without their challenges, including high costs and certification hurdles.

In a separate opinion, Justice Samuel Alito cautioned against the use of nationwide class actions, urging district courts to exercise caution in certifying such cases. Justice Brett Kavanaugh echoed a similar sentiment, emphasizing the need for adherence to legal procedures in awarding relief through class actions. The recent decision by the Supreme Court alters the landscape of legal processes for relief under class action lawsuits.