Oral Argument: Trump, President of U.S. v. CASA, Inc. | Case No. 24A884 | Date Argued: 5/15/25

Case Info: Trump, President of U.S. v. CASA, Inc. | Case No. 24A884 | Date Argued: 5/15/25 Consolidation Note: The following cases were consolidated: (1) Trump, President of U.S. v. CASA, Inc., Case No. 24A884; (2) Trump, President of U.S. v. Washington, Case No. 24A885; and (3) Trump, President of U.S. v. New Jersey, Case No. 24A886. Parties: Applicants: United States and Federal Officials Respondents: (1) States and cities such as New Jersey, California, Delaware, Massachusetts, and the City and County of San Francisco; (2) Immigrant rights organizations such as CASA, Inc. and Asylum Seeker Advocacy Project, Inc; and (3) private individuals. Links to Docket: Here (Case No. 24A884); Here (Case No. 24A885); and Here (Case No. 24A886). Question Presented: Whether the Supreme Court should stay the district courts' nationwide preliminary injunctions on the Trump administration’s 1/20/25 executive order ending birthright citizenship except as to the individual plaintiffs and identified members of the organizational plaintiffs or states. Background: On January 20, 2025, President Trump issued an Executive Order regarding birthright citizenship. Section 1 of the Order recognizes that the Constitution and the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., confer citizenship upon all persons born in the United States and subject to the jurisdiction thereof. Specifically, the Fourteenth Amendment to the U.S. Constitution provides that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” U.S. Const. Amend. XIV, § 1. That provision, known as the Citizenship Clause, repudiated Dred Scott v. Sandford, 19 How. 393 (1857), which infamously misinterpreted the Constitution to deny U.S. citizenship to people of African descent based solely on their race. Congress has reaffirmed the Citizenship Clause in the INA, which provides that “a person born in the United States, and subject to the jurisdiction thereof,” is a citizen of the United States. 8 U.S.C. 1401(a). Section 1 of the Order identifies two circumstances in which a person born in the United States is not subject to its jurisdiction: “(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that 6 person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.” Citizenship Order § 1. Section 2 of the Order directs the Executive Branch (1) not to issue documents recognizing U.S. citizenship to the persons identified in Section 1 and (2) not to accept documents issued by state, local, or other governments purporting to recognize the U.S. citizenship of such persons. See Citizenship Order § 2(a). Section 2 specifies that those directives “apply only to persons who are born within the United States after 30 days from the date of this order,” i.e., after February 19. Id. § 2(b). Three district courts in Maryland, Massachusetts, and Washington have issued overlapping nationwide injunctions at the behest of 22 States, two organizations, and seven individuals. Those universal injunctions prohibit a Day 1 Executive Order from being enforced anywhere in the country, as to “hundreds of thousands” of unspecified individuals who are “not before the court nor identified by the court.” Three Circuit Courts of Appeals refused to limit the nationwide injunctions. Applicant's Position: The Solicitor General argues that universal injunctions have reached crisis levels, particularly since the start of the current Administration in 2025. The Solicitor General notes that district courts issued more universal injunctions and temporary restraining orders in February 2025 alone than through the first three years of the Biden Administration. The Solicitor General contends this trend prevents the Executive Branch from performing its constitutional functions before courts can fully examine the merits of those actions, and threatens to overwhelm the Supreme Court's emergency docket. The Solicitor General asserts that the universal injunctions in this case are particularly problematic because they extend to all 50 states and millions of aliens nationwide, even though tailored relief for the actual plaintiffs would fully address their alleged harms. The Solicitor General argues the injunctions were improperly granted to States that lack standing to raise Citizenship Clause claims, defying the principle that States may only assert their own rights, not those of third parties. Furthermore, the Solicitor General contends the injunctions improperly bar federal agencies from even developing implementation guidance, and the overlapping nature of multiple universal injunctions from different courts creates a "jurisdictionally messy" scenario where the government must prevail in multiple appeals to implement the Order anywhere. Respondents' Position: Respondents argue that this case presents a uniquely poor candidate for challenging universal injunctions. They emphasize that the Executive Order directly conflicts with binding Supreme Court precedent interpreting the Citizenship Clause, and the government notably does not even attempt to defend the Order's constitutionality in its emergency application. The Respondents contend that while emergency relief might be appropriate in some cases to limit the geographic scope of relief, it is not appropriate where the Supreme Court has already settled the precise constitutional question for the entire nation. Respondents also argue that the government failed to demonstrate any significant or irreparable harm that would justify emergency relief, let alone warrant contravening nationwide precedent. They point out that the injunctions merely protect a status quo regarding birthright citizenship that dates back to English common law and has existed throughout American history, except for the aberration of Dred Scott. Respondents emphasize that maintaining this status quo until the cases are resolved imposes no harm on the Executive Branch, while stripping hundreds of thousands of American-born children of their citizenship would inflict tremendous and irreparable harms on the States and the public. Oral Advocates: For Applicants: D. John Sauer, Solicitor General, Department of Justice, Washington, D.C. For State and City Respondents: Jeremy M. Feigenbaum, Solicitor General, Trenton, N.J. For Private Respondents: Kelsi B. Corkran, Washington, D.C. Timestamps: [00:00:00] Introduction [00:00:14] Applicant's Opening Statement Begins [00:02:13] Applicant Free for All Questions Begin [00:27:45] Applicant Sequential Questions Begin [01:03:17] Applicant Questions End, Respondent (State and City) Opening Statement Begins [01:05:25] Respondent (State and City) Free for All Questions Begin [01:19:03] Respondent (State and City) Sequential Questions Begin [01:43:37] Respondent (State and City) Questions End, Respondent (Private) Opening Statement Begins [01:44:56] Respondent (Private) Free for All Questions Begin [02:00:10] Respondent (Private) Sequential Questions Begin [02:13:40] Respondent (Private) Questions End, Applicant Rebuttal Begins