The Supreme Court agreed on Friday to take up the constitutionality of President Donald Trump’s order on birthright citizenship declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.
The justices will hear Trump’s appeal of a lower-court ruling that struck down the citizenship restrictions. They have not taken effect anywhere in the country.
The case will be argued in the spring. A definitive ruling is expected by early summer.
I mean, this case is so blatantly meritless that it’s a pretty bad sign that they even took it. You would have to intentionally misinterprete both the spirit and letter of the 14th Amendment to even begin to believe that the EO is constitutional, and every lower court has come to that conclusion. There’s really no reason for them to not decline the case and let the lower courts’ decisions stand.
Also, their earlier decision to limit lower courts power to grant national injunctions means they’ve functionally ruled in this cases’ favor once already. I would like to think that even a court as nakedly partisan as this one wouldn’t let a President’s EO overrule the Constitution, but so far, the signs aren’t good.