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Cassandra Burke Robertson, Professor of Law and Director of the Center for Professional Ethics, Case Western Reserve University

Birthright citizenship case at Supreme Court reveals deeper questions about judicial authority to halt unlawful policies

The U.S. Supreme Court is considering whether a single federal judge should have the power to temporarily halt presidential policies across the entire country. Rudy Sulgan, The Image Bank/Getty Images

When one judge blocks a president’s policies nationwide, alarm bells ring. Should a single judge wield this much power? Can they halt policies across the entire country after just a quick first look at whether they might be illegal? The Supreme Court now faces these critical questions.

In a lively session on May 15, 2025, filled with justices’ questions that at times interrupted the attorneys appearing before them, the Supreme Court heard arguments in a case stemming from President Donald Trump’s executive order aimed at ending birthright citizenship, the provision in the Constitution’s 14th Amendment that says all children born in the United States are granted citizenship.

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