June 27, 2025 — In a landmark 6-3 decision on Friday, June 27, 2025, the U.S. Supreme Court restricted the ability of federal judges to issue nationwide injunctions, a ruling that has significant implications for President Donald Trump’s controversial executive order on birthright citizenship.
The decision, which did not resolve the underlying legality of Trump’s order, prompted a blistering dissent from Justice Sonia Sotomayor, who warned that the ruling jeopardizes the constitutional protections of all Americans.
Justices Elena Kagan and Ketanji Brown Jackson joined Sotomayor in dissent, highlighting deep divisions within the Court.
The case, Trump v. CASA, centered on the authority of federal courts to issue universal injunctions that block government policies nationwide.
The majority opinion, authored by Justice Amy Coney Barrett, argued that such injunctions overstep judicial authority, limiting the power of individual judges to halt executive actions across the country.
While the ruling did not directly address the constitutionality of Trump’s executive order, which seeks to limit birthright citizenship for children born in the U.S. to non-citizen parents, it allows the policy to proceed temporarily while litigation continues in lower courts.
Justice Sotomayor, in a dissent that lasted over 12 minutes when read from the bench, condemned the majority for enabling what she called a “solemn mockery” of the Constitution.
She argued that the decision undermines the judiciary’s role in checking unconstitutional executive actions.
“No right is safe in the new legal regime the Court creates,” Sotomayor wrote, emphasizing that the ruling opens the door to future administrations targeting other constitutional protections, such as the Second Amendment right to bear arms or the First Amendment right to religious worship.
She cited the 14th Amendment’s clear language, which grants citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof,” as evidence of the order’s unconstitutionality.
Sotomayor further criticized the Trump administration’s legal strategy, noting that it did not defend the substance of the executive order but instead challenged the use of universal injunctions by three federal district courts that had ruled the citizenship ban unconstitutional.
She argued that the majority’s focus on procedural issues ignored the “patent unlawfulness” of the order itself, effectively rewarding the administration’s “gamesmanship.”
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Civil Liberties Under Attack
The dissent also drew on historical precedent, with Sotomayor referencing the 1898 case United States v. Wong Kim Ark, which affirmed that children born in the U.S. to non-citizen parents are entitled to citizenship.
She underscored that the 14th Amendment’s citizenship clause does not discriminate based on race, sex, ethnicity, religion, or parentage, and warned that the Court’s ruling could embolden future attacks on civil liberties.
Justice Ketanji Brown Jackson, in her own dissent, joined Sotomayor’s warnings, emphasizing the broader implications for judicial oversight.
Both justices suggested that those affected by the ruling should pursue class-action lawsuits to challenge the policy, a recommendation that legal experts predict will lead to a surge in litigation.
The decision comes amid a series of contentious Supreme Court rulings this term, including a separate 6-3 decision on the same day allowing Maryland parents to opt their children out of public school lessons involving LGBTQ+ books.
Sotomayor, joined by Kagan and Jackson, dissented in that case as well, arguing that the ruling “threatens the very essence of public education” by constitutionalizing parental veto power over curricula.
Legal scholars and commentators have noted the ruling’s far-reaching implications. Adam Klasfield, All Rise News Editor-in-Chief, reported on X that Sotomayor believes Trump knew his birthright citizenship order was unconstitutional and strategically targeted universal injunctions to sidestep judicial scrutiny.
Posts on X echoed Sotomayor’s warnings, with users like @davidgura and @kylegriffin1 amplifying her statement that “no right is safe” under the Court’s new precedent.
The ruling has sparked intense debate about the balance of power between the judiciary and the executive branch.
While the majority’s decision limits the scope of judicial intervention, it leaves the door open for lower courts to continue litigating the constitutionality of Trump’s order.
Legal experts anticipate that challenges to the birthright citizenship policy will persist, potentially returning to the Supreme Court in the future.
As the nation grapples with the implications of this decision, Sotomayor’s dissent serves as a stark reminder of the fragility of constitutional protections.
“The Court’s decision is nothing less than an open invitation for the Government to bypass the Constitution,” she wrote, a sentiment that resonates with those concerned about the erosion of civil liberties in an increasingly polarized legal landscape.
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