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Reason
Reason
Damon Root

After Repeatedly Losing in Lower Court, Trump Asks SCOTUS To Review His Birthright Citizenship Order

The U.S. Supreme Court's 2025–2026 term, which officially kicks off next week, was already on track to be a notable one thanks to the impending SCOTUS showdown over the scope of President Donald Trump's power to fire top officials from "independent" agencies such as the Federal Trade Commission and Federal Reserve.

But now the coming term is set to become even bigger. That's because after repeatedly losing in the lower courts, Trump has finally asked the Supreme Court to review the constitutionality of his executive order purporting to deny birthright citizenship to millions of U.S.-born children.

As you may recall, the Supreme Court already sort of danced around the edges of birthright citizenship last spring when it heard Trump v. CASA, a case that arose from the birthright citizenship controversy yet ultimately focused on the separate issue of the propriety of nationwide injunctions issued by federal district court judges. Coming out of that case, it was an open question as to when the administration might seek the Supreme Court's review of the underlying executive order.

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