On June 27, 2025, the Supreme Court ruled in a 6-3 decision that lower court judges do not have the authority to issue nationwide injunctions blocking federal policy. Although nationwide injunctions have been issued historically, SCOTUS ruled that in most cases, district court judges can only grant relief to the individuals or groups who brought a particular lawsuit.
It is important to note that this decision did not decide the constitutionality of birthright citizenship or the legal implications of the Executive Order itself. Additionally, this decision does not go into effect for 30 days, which opens the door for further challenges.
In effect, policies may be allowed to take effect in some states or against some individuals while being blocked in others. It is possible that a baby born to nonimmigrant or undocumented parents may be issued a U.S. birth certificate in one state, but a baby born in a different state under similar circumstances may not be recognized as a U.S. citizen.
Based on the decision, the cases will return to lower courts where judges will have to decide how to tailor their orders to comply with the Supreme Court decision.
