Birthright Citizenship Oral Argument

The Supreme Court just announced  that it is continuing the stay on preparations for the revocation of the birthright citizenship rule and setting oral argument for May 15, 2025. This suggests that if the Trump administration does not act too defiantly to the district courts now looking into the administration deportations, the Court will be looking first at the birthright citizenship case, which favors the resistance because of the clear constitution provision on point, rather than the deportation cases, which favor the President because of the courts’ traditional deference to the President on national security and foreign policy decisions. In the latter the courts are trying to assemble very good factual records for appeal which will help when and if those cases get to the US Supreme Court.

You may want to look at today’s NYCLA statement that defends Susman Godfrey against the President’s executive actions. My contributions to the statement, as a member of the drafting task force, include choosing the adjective “vindictive” and writing the sentence, “[t]hese executive actions seriously threaten our liberties, constitutional freedoms, and the rule of law.” I strongly believe referring only to the rule of law limits the appeal of our arguments, particularly to lay people and to those who recognize how the rule of law has been used repeatedly to repress disfavored persons.