The Supreme Court scheduled a rare May oral argument on the Trump administration’s emergency request to narrow a series of nationwide blocks on President Trump’s executive order that would restrict birthright citizenship.
The administration has not yet asked the justices to settle the constitutionality of Trump’s order, but they have asked the high court to rein in lower judges that went beyond the parties who sued to block the president’s order nationwide.
Thursday’s order defers a ruling on the applications until after the newly scheduled oral arguments on May 15.
The timing is rare. The justices typically only hear oral arguments between October and April.
Signed on his first day in office, Trump’s order would curb birthright citizenship for children born on U.S. soil to parents without permanent legal status, a sweeping restriction that multiple judges have found is inconsistent with the Supreme Court’s long-standing interpretation of the 14th Amendment’s Citizenship Clause.
The administration appealed to the high court nationwide injunctions issued by federal judges in Greenbelt, Md., Seattle and Boston, all of which were upheld by appeals courts. Trump’s order has come under nearly a dozen lawsuits in total, including some challenges that have not yet reached the justices.
The request is part of a series of emergency applications the administration has filed at the Supreme Court urging the justices to stop a smattering of nationwide injunctions, insisting district judges are overstepping their authority and improperly stymying Trump’s agenda.
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