Statement by William A. Brewer III, Partner at Brewer, Attorneys & Counselors, on Supreme Court Hearing Regarding President Trump's Birthright Citizenship Order

May 15, 2025 — The U.S. Supreme Court hearing today represented a pivotal moment, not for immigration law but also for the broader issue of judicial power and its proper scope. As counsel deeply involved in constitutional and immigration matters, we closely followed the arguments presented. 

On the ultimate efficacy of President Donald Trump’s Executive Order 14160, the justices appeared skeptical over the order, which seeks to deny citizenship to children born on U.S. soil to undocumented immigrants or temporary visa holders. The longstanding precedent set by the Supreme Court’s 1898 decision in United States v. Wong Kim Ark appeared front of mind for several justices, highlighting significant constitutional concerns with the executive order. 

However, it was Justice Sonia Sotomayor's commentary regarding the challenges of eliminating nationwide injunctions that underscored the importance of today’s argument. She noted that the removal of such remedies could inundate courts with countless individual lawsuits. Justice Ketanji Brown Jackson further emphasized the risks inherent in reducing nationwide injunctions, potentially undermining the consistency and reliability essential to our legal system. 

Conversely, other justices expressed concerns about judicial overreach, specifically through nationwide injunctions issued by federal district courts. Justice Samuel Alito and Justice Brett Kavanaugh suggested class-action lawsuits as preferable alternatives, emphasizing procedural rigor and judicial precision. 

Justice Amy Coney Barrett raised pointed questions regarding the Trump administration’s inconsistent positions on nationwide injunctions versus class-action litigation, highlighting the nuanced challenges in balancing judicial remedies. 

The Court’s upcoming decision, expected by late June or early July, carries profound implications. While Trump's executive order seems likely to be invalidated, the broader question of limiting nationwide injunctions may significantly impact future judicial strategies for challenging federal policies. 

We at Brewer, through our Storefront affiliate, remain committed to safeguarding constitutional principles, advocating for consistent application of the law, and closely monitoring developments that could reshape judicial authority and executive accountability.