https://www.scotusblog.com/2026/01/supreme-court-will-hear-birthright-citizenship-case-on-april-1/
The April 1 argument will be the first time that the justices will officially consider the legality of Trump’s order. After several federal courts around the country blocked the government last year from enforcing the order, the Trump administration asked the court to weigh in on the power of federal district courts to issue orders – often known as “universal” or “nationwide” injunctions – that prohibit the government from implementing a law or policy anywhere in the country. The Supreme Court ruled in late June that federal judges generally cannot issue such orders.
After the court’s ruling on universal injunctions, lawsuits contesting the order continued in the lower courts, which once again ruled for the challengers. In Barbara, a federal judge in New Hampshire barred the government from enforcing the order against babies born on or after Feb. 20, 2025, when the order was slated to take effect, who are or would be denied citizenship under Trump’s order.
At the end of September, U.S. Solicitor General D. John Sauer came to the Supreme Court, asking the justices to review the ruling in Barbara as well as a decision by the U.S. Court of Appeals for the 9th Circuit deeming the order invalid. On Dec. 5, the court agreed to take up the Barbara case, and on Friday it
set the case for argument on April 1. A decision is expected by late June or early July.
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