Trump resorts to the Supreme Court in Birthright Citizenship Bords (2)

President Donald Trump He asked the United States Supreme Court to let him partially fulfill his executive order that seeks to restrict the automatic citizenship of birth law, taking the court to his impulse to fly a constitutional right of long data.

In a set of emergency presentations, the Administration said the judges should limit the scope of three Federal Court decisions that blocked the initiative throughout the country. Attorney General of the United States Sarah Harris He said that decisions should be applied only to the people and groups they demanded, allowing the administration to press in advance with its new more widely planned policy.

The executive order would destroy what until recently was the general understanding that the 14th amendment of the Constitution confers citizens in virtually all those born to US soil. Trump would restrict that babies with at least one father who is an American citizen or head of the green card, which means that even newborn children of people legally in the country with temporary visas would not become Americans.

The presentations do not ask the Court to directly consider the constitutionality of the executive action of January 20, focusing instead on an increasingly important procedural question: the power of the judges to issue the so -called universal mandates. The administrations of both parties have broken into universal precautionary measures, arguing that a single judge should generally not have the power to block a federal government policy throughout the country.

“Universal mandates have reached epidemic proportions since the beginning of the current administration,” Harris said in the archives, which derived from the cases in Maryland, Massachusetts and the state of Washington. “That strong increase in universal precautionary measures prevents the executive branch from performing its constitutional functions before any court completely examines the merits of those actions.”

Critics say that Trump is trying to unilaterally annul the 14th amendment, which gives citizens to anyone born in the United States and “subject to the jurisdiction of the same.”

The Supreme Court said in 1898 that the provision covered a man born in California to two Chinese parents, and the court reinforced that decision in a 1982 ruling that supports the right of undocumented immigrants to attend public school. Congress has promulgated similar guarantees by statute.

More than 20 states are demanding Trump along with a handful of organizations and individuals of immigrant rights. In each case, a Federal Court of Appeals refused to intervene after a first instance judge blocked the executive order.

“The novel interpretation of the president of the citizenship clause contradicts the clear language of the 14th amendment and conflicts with the precedent of the 125 -year -old binding Supreme Court”, the United States District Judge “, the United States District Judge”, the United States District Judge “, the United States District Judge,” Deborah Boardman He wrote in the case of Maryland in a failure of February 5.

As part of their presentation, Harris argues that the states lacked the legal “position” to sue, arguing that “states (like other litigants) can affirm only their own rights, not the rights of third parties.”

She said that the court should allow federal agencies to issue guidance explaining how they would implement the executive order in case it arises in force.

Several judges of the Supreme Court have expressed doubts about universal mandates in at least some contexts. The Superior Court reduced one of those mandates last year when Leaves Idaho enforces its prohibition of certain medical treatments for transgender minors, which limits the decision of a judge of first instance against the State so that the decision allowed treatment only for two adolescents who demanded to challenge the prohibition.

The cases are Trump v. Home, 24A884; Trump v. Washington, 24A885; and Trump v. New Jersey, 24A886.

(Updates with details of the presentations).

To contact the reporter in this story:
Greg Stahr In Washington at [email protected]

To contact the editors responsible for this story:
Elizabeth Wasserman at [email protected]

Steve Stroth

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