
Morning rises over the US Supreme Court building, still closed to the public during the coronavirus disease (COVID-19) outbreak in Washington, US April 26, 2021. — Reuters
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WASHINGTON: The US Supreme Court on Friday handed over a major victory to President Donald Trump to impose federal judges’ powers to disrupt their policies, but did not resolve the issue whether they could restrict the citizenship of birthright.
The Republican president welcomed the decision, saying his administration could now try to move forward with a number of policies, as his executive order aims to ban the citizenship of birth rights, which he said was “wrongly ordered nationwide.”
“We have many of them,” Trump told reporters in the White House. I have the whole list. “
The author of the Conservative Justice Amy Konny Barrett, the court’s 6-3 decision, did not immediately impose the order of Trump’s birthright citizenship, which directed the lower courts, which stopped him to review the scope of his orders. The decision also did not resolve his legal status.
The judges have approved the Trump administration’s request to reduce the scope of the three -nation order issued by Federal Judges in Maryland, Massachusetts and Washington, which has stopped its directive while challenging the policy challenging the policy.
With the majority of the courts in the majority and its liberals, the decision has made it clear that Trump’s executive order cannot be implemented 30 days after Friday’s decision. Thus, the decision creates the possibility of Trump’s ruling in some parts of the country.
Federal judges have taken several steps, including issuing several nationwide orders to disrupt Trump’s executive action to advance his agenda. In matters of Birthday Citizenship, three judges found that Trump’s ruling possibly violated the language of citizenship in the 14th amendment of the Constitution.
“No one disagrees that the executive is obliged to follow the law, but the judiciary does not have the power to enforce this responsibility – in fact, sometimes the law forbids the judiciary to do so.”
Justice Sonia Sotomier, in a disagreement with the other two other liberal members of the court, wrote, “The majority ignores whether the president’s executive order is constitutional, instead focusing only on the question of whether the federal court has a universal order.
Trump called the ruler “memorable victory for the constitution, the separation of powers and the rule of law.”
“This democracy, clearly, and merely ruling the cases before them, have tried to order the law for the entire nation,” Trump said of nationwide discrimination.
In his first day, Trump signed an executive order that federal agencies were instructed to refuse to recognize the citizenship of children born in the United States, who does not have at least one parent, who is a US citizen or a halal permanent resident, also called “Green Card”.
More than 150,000 newborns will be denied citizenship annually under Trump’s directive, along with Trump’s directive, including immigrants ‘rights supporters and pregnant immigrants, along with 22 states’ Democratic Attorney General.
The matter before the Supreme Court was unusual that the administration used it to debate that federal judges did not have the power to issue orders across the country, or “universal,” order, and demanded the judges to rule the president without ruling and weighing on its legal qualities.
In his disagreement, Sotomier said that Trump’s executive order obviously is unconstitutional. Therefore, instead of defending it on the qualities, the Department of Justice “asked the court to do so, no matter how illegal a law or policy is, the courts can never ask the executive to stop the implementation of anyone.”
Friday’s decision did not reject all kinds of extensive aid.
An important part of the decision said that the judges could only provide “full relief” to the plaintiffs in front of them. It did not predict the possibility that the states may need a stay order, which applies beyond their borders to get full relief.
“For the first time, we refuse to take these arguments,” Barrett wrote.
The decision left the plaintiffs a chance to get widespread relief through class proceedings cases, but this legal procedure is difficult to move successfully.
Sotomier advised the parents of children who would be affected by Trump’s order “immediately apply the class action suit and temporarily request discrimination for the potato class.”
Just two hours after the Supreme Court verdict, the plaintiffs’ lawyers in the Maryland case filed a movement that tried a judge who had previously blocked the order to give all Trump’s children a class proceedings, which would be the right to influence the executive order.
“The Supreme Court has now directed that in such cases, the wide -ranging relief may be appropriate,” the lawyers wrote in their movement.
‘Illegal and cruel’
The American Civil Liberties Union faced trouble, but limited, because lawyers could find additional reservations for potentially affected families.
“The executive order is clearly illegal and cruel,” said Codi Wovsi, deputy director of the ACLU immigrant rights project. It should never be applied to anyone. ” “The decision to open the door is disappointing for the implementation of the court, but we will do everything in our power to ensure that no child is ever subjected to an executive order.”
The plaintiffs argued that Trump’s directive was beyond the 14th Amendment, which was endorsed in 1868 as a result of the civil war of 1861-1865, which ended slavery in the United States. The 14th Amendment Citizenship clause states that all “born in the United States or those of nature, and subject to its jurisdiction, are citizens of the United States and the state in which they live.”
The administration claims that the 14th Amendment, which has long been considered to be given citizenship to anyone born in the United States, is not even immigrants who are illegal or even migrants whose presence is legal but temporary, such as university.
Washington State Attorney General Nick Brown, whose state helped to secure a nationwide order issued by a judge in Seattle, called Friday’s decision “disappointing at many levels” but emphasized that the judges confirmed that when the parties need to provide full support to the parties. “
In the Reuters/IPSOS survey on June 11-12, 24 % of all respondents supported the abolition of birthright citizenship and 52 % opposed it. In the Democrats, 5 % supported the end, 84 % opposed. In the Republican, 43 % supported its elimination, with 24 % opposition. The rest said they do not believe or do not answer this question.
The Supreme Court, which has a 6-3 conservative majority, has given Trump some important victories on his immigration policies after returning to his post in January.
On Monday, he cleared the way for his administration to deport the refugees in their countries, without giving them the opportunity to show the losses they could face. In separate decisions on May 30 and May 19, it allowed the administration to eliminate hundreds of thousands of immigrants on the basis of humanitarianism on the basis of humanitarian sympathy.
But on May 16, under a law of 1798, the court retained its block on the deportation of Venezuela’s immigrants, historically used only in the war time, and its administration was tried to remove them without proper action because of the mistake.
The court on May 15 heard arguments in a dispute over birthright citizenship.
In a case called the United States vs Wong Kim Arc Long, the US Supreme Court’s decision has been guaranteed that children born to non -urban parents born in the United States are entitled to US citizenship.
The Trump administration has argued that the court’s decision in this case was narrow, which applied to the children whose parents had “permanent residential and residence in the United States”.
Presidents of both Republicans and Democratic parties have opposed the Universal orders and can prevent the government from imposing a policy against anyone rather than individual plaintiffs, which has prosecuted the policy.
Supporters have said they are an effective check on exceeding the presidential limit, and they have strengthened the actions taken illegal by the presidents of both sides.