The United States Supreme Court gave the President Donald Trump a major victory as they have clipped the powers of individual judges. In a decision that is going to significantly influence the decision by the Trump administration to reject birthright citizenship, the highest court on Friday (June 27) created a favorable environment in which the Republican leader will easily impose his controversial policies.
The decision limits the potential of the independent judges to constructively inhibit the authority of Trump across the country. Here we peep how the decision handed over by the US Supreme Court has expanded the subject of the president.
To what decided B the Supreme Court, US?
In a 6-3 majority, the US Supreme Court decided that federal judges lacked authority to issue nationwide injunctions. This practically restrains the powers of the lower courts to prevent the executive orders.
The case is based on the fact that Trump has attempted to abolish the birth right citizenship which is a constitutional right in the US.
Trump described the verdict as a tremendous win at the briefing at the white house on Friday. He added that the US administration is very pleased with the decision that was huge and amazing.
The US president said it was the “monumental win of the separation of powers, the Constitution and the rule of law”. Pam Bondi, American Attorney General who stood alongside the podium with Trump, stated that the decision will finally see an end to rogue judges dismantling Trump policies throughout the whole country.
The Republicans were outraged by the ruling of the Supreme Court with Senate Leader Chuck Schumer describing the ruling as a “frightful act of authoritarianism.”
The majority opinion was written by Justice Amy Coney Barrett appointed under Trump. The general oversight of the Executive Branch over the Federal Courts does not exist, she [said].
Justice Sonia Sotomayor (who joined the three liberalites to write the dissent opinion) labeled the decision as a mere invitation to government to circumvent the Constitution.
With those words, Trump made his intention clear that he would proceed with so many policies which had been obstructed due to unfair reasons and hence his administration is aiming at abolishing the concept of birth right citizenship.
There were also questions that the high court ruling would result in concentration of power in the white house, which he disregarded. This is just the reverse of this. This is exactly reviving the Constitution, Trump asserted.
What is a birthright citizenship?
The 14th Amendment of the US constitution already states that, all persons, who are born or naturalised in the United States and are subject to its jurisdiction, are citizens of the United States.
The right has been intrinsic in the US law since more than one century.
This practice has not been accepted by Trump who has since branded this practice as a hoax. Following the ruling held on Friday, the decision would, according to him, help avoid the scamming of our immigration process.
Shortly after his second inauguration into the White House, Trump issued an executive order to bar acquiring citizenship to children born by undocumented immigrants and certain temporary residents and visitors, in January.
In the executive order, it was read as, the Fourteenth Amendment did not hold that the idea of citizenship is granted to everyone born within the United States.
Claiming the rights of newborns and migrants who are American citizens, immigrant rights organizations have sued the Trump administration. At least 22 states also pressured federal judges to stop Trump on his executive order refuge birthright citizenship.
Trump was blocked in his order by three federal judges in three different district courts who struck down his authority in a decree known as the universal injunction that restrained the order in all of the United States of America.
The US administration later went to the Supreme Court to stay off universal injunctions altogether.
How the decision of the Supreme Court enlarges the powers of Trump
With this ruling, the top court is increasing the power of the president in the US as it will reduce the power given to the federal judges in the lower courts to give nationwide injunctions.
It will implicate an even broader implication not only in the case of the birthright citizenship but also in the other contentious policies that the Trump administration is keen in pushing.
The decision by the court is sharp and diminishes the capacity of Federal courts to check wayward practices by the government, according to Steven Schwinn, a professor of law in the University of Illinois Chicago who stated this to the French Press Association (AFP).
Courts on a lower level have inhibited Trump in his reduction of foreign aid, various diversity programmes, cessation of funding of transgender individuals, restricted the president to discharge government workers, and suspended his other forms of immigration restructuring.
Today, this new decision has left the administration of the US in a better position and they are able to request courts to proceed with most of such orders.
The court ruling has allowed judicial oversight to be systematically weakened and executive discretion to be given strength said Paul Rosenzweig, a former attorney in the administration of Republican George W Bush Presidential administration.
The ruling of the apex court translates to that it is perhaps the only restraint on presidential powers.
Under the ruling of Friday, judges are usually allowed to provide relief to the persons or groups of the people who filed a lawsuit.
At this point, the case of birthright citizenship will be back to the lower courts, which have to issue a warrant in accordance with the verdict of the highest court as per the Associated Press (AP). Their injunctions that are nationwide get a 30 days review period by the courts.
It was pointed out that Friday did not rule on whether Trump did have the authority to issue a birthright citizenship order only on constitutional grounds. Thus, the case is expected to be heard in the highest court later on, commented BBC.
It is not only Trump that will be affected by the ruling of the Supreme Court but also the power of judiciary to check even future presidents of the US.