Supreme Court Passes -- for Today Anyway -- on Birthright Citizenship Cases

Kevin R. Johnson

24 Nov 2025 — 1 min read

Official Supreme Court Photo

In three cases involving lower court injunctions of President Trump's executive order restricting birthright citizenship, the Supreme Court in June 2025 in Trump v. CASA, Inc. restricted the power of the federal courts to issue nationwide injunctions. The merits of the controversy may be heard by the Court soon.

Amy Howe for SCOTUSBlog reported that the Supreme Court did not act today on the challenges to President Donald Trump’s executive order seeking to end birthright citizenship. The Court " will likely consider the cases again at their private conference on Friday, Dec. 5; if it does, it could announce as soon as that afternoon whether it has granted review."

Stay tuned!

Since 2014, the court has generally granted review only after it has relisted a case at least once. The court has never officially acknowledged this practice or provided any explanation for it, but the conventional wisdom is that the court uses the extra time provided by a relist to make sure that the case is a suitable one for its review. If that’s true here, as noted above, the court could announce as soon as Friday, Dec. 5, that it will hear the birthright citizenship cases on the merits. The cases would likely then be set for oral arguments in early 2026, with a decision to follow by late June or early July.

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