Birthright citizenship goes to the Supreme Court
May 15, 2025•9 min
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Summary
This episode explores the Supreme Court case challenging former President Trump's executive order on birthright citizenship, which has been blocked by nationwide injunctions. While the core constitutional question was raised, expert Amanda Frost details how the oral arguments heavily focused on the controversial power of judges to issue nationwide injunctions against federal policies and the potential chaos if such injunctions were eliminated or limited.Episode description
President Trump's order that would end automatic citizenship for the children of many categories of immigrants has been blocked from going into effect by three separate federal judges. Those injunctions have been upheld by three separate appeals courts.
So Thursday's case at the Supreme Court was really about two questions: Whether the constitution guarantees birthright citizenship and whether judges can issue nationwide injunctions against federal policies.
University of Virginia law professor Amanda Frost, author of the book You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers, followed the arguments and breaks down clues that point to the Justices' thinking.
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So Thursday's case at the Supreme Court was really about two questions: Whether the constitution guarantees birthright citizenship and whether judges can issue nationwide injunctions against federal policies.
University of Virginia law professor Amanda Frost, author of the book You Are Not American: Citizenship Stripping from Dred Scott to the Dreamers, followed the arguments and breaks down clues that point to the Justices' thinking.
For sponsor-free episodes of Consider This, sign up for Consider This+ via Apple Podcasts or at plus.npr.org.
Email us at considerthis@npr.org.
See pcm.adswizz.com for information about our collection and use of personal data for sponsorship and to manage your podcast sponsorship preferences.
NPR Privacy Policy
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