From Supreme Court guidance to federal injunction: How ACLU outmaneuvered Trump

A federal judge in New Hampshire said Thursday he’ll certify a class action lawsuit that includes all children who’ll be affected by President Trump’s executive order ending birthright citizenship and issue a preliminary injunction blocking it from taking effect. Here’s what you need to know about the birthright citizenship court ruling:

The federal court ruling

Bush-appointed judge blocks Trump order:

• U.S. District Court Judge Joseph N. Laplante made ruling from bench Thursday
• George W. Bush appointee will certify class action lawsuit
• Includes all children affected by Trump’s executive order ending birthright citizenship
• Judge will issue preliminary injunction blocking order from taking effect

The legal standard

Court finds likelihood of success for challengers:

• “Class Petitioners have demonstrated likelihood of success on the merits of their claims”
• “Class Petitioners are likely to suffer irreparable harm if the order is not granted”
• “Potential harm to the class petitioners…outweighs the potential harm to Respondents”
• “Issuance of this order is in the public interest”

The appeals timeline

Government given window to challenge decision:

• Judge giving government seven-day delay to appeal
• Appeal would go to 1st U.S. Circuit Court of Appeals
• Injunction will block order while litigation continues
• Constitutional challenge to birthright citizenship order proceeds

The ACLU victory

Civil liberties group celebrates ruling:

• “This ruling is a huge victory and will help protect the citizenship of all children born in the United States”
• Cody Wofsy, deputy director of ACLU’s Immigrants’ Rights Project, argued case
• “We are fighting to ensure President Trump doesn’t trample on the citizenship rights of one single child”
• ACLU emphasized Constitution’s intent to protect birthright citizenship

The Supreme Court context

High court ruling influenced class action strategy:

• Final day of Supreme Court’s 2024-25 term saw 6-3 ruling
• Justices said lower court judges issuing nationwide injunctions likely violate Judiciary Act of 1789
• Case at issue was over Trump’s move to end birthright citizenship
• Question focused on district court judges’ authority to block nationwide policies

Justice Barrett’s guidance

Trump appointee provides legal pathway:

• Justice Amy Coney Barrett wrote majority opinion
• Said challengers could file class actions to contest executive policies
• Class actions allow challengers to receive universal relief
• Barrett is Trump appointee who provided legal framework

The ACLU legal strategy

Civil liberties group files suit hours after Supreme Court decision:

• ACLU filed class action suit hours after high court’s decision
• Representing pregnant woman and other families
• Families had children born since president signed birthright citizenship order
• Strategic filing designed to work within Supreme Court’s guidance

The constitutional challenge

Lawsuit targets order’s legality:

• Challengers argue order is unconstitutional
• Case name is Barbara v. Donald J. Trump
• Injunction blocks order from taking effect during litigation
• Focus on constitutionality of birthright citizenship order

Read more:

• Judge blocks Trump’s birthright citizenship order, certifies class action