A federal judge in Concord, New Hampshire, on Thursday issued a nationwide injunction blocking the Trump administration from enforcing his executive order ending birthright citizenship, despite the U.S. Supreme Court’s decision last month curtailing such injunctions.

U.S. District Judge Joseph Laplante made the ruling after a group of plaintiffs asked that they be granted class action status in a lawsuit “seeking to represent any babies whose citizenship status would be threatened by implementation of Trump’s directive,” Reuters reported.

Laplante decided that the plaintiffs could proceed as a class and thus issued another judicial order blocking Trump’s agenda.

The question of whether to issue an injunction was “not a close call,” he said, noting children could be deprived of U.S. citizenship if Trump’s order took effect.
“That’s irreparable harm, citizenship alone,” he said. “It is the greatest privilege that exists in the world.”

The judge said he would stay his ruling for a few days to allow the Trump administration to appeal and would issue a written decision by the end of the day.

On the campaign trail, Trump had promised to rein in birthright citizenship if elected, arguing that it was “meant for the babies of slaves” and has since been abused.

On his first day in office, the president signed his executive order, “PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP,” which states that “the privilege of United States citizenship does not automatically extend” to the following persons born in the United States:

(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

(2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

Federal district judges in Maryland, Massachusetts and Washington state quickly issued universal injunctions blocking Trump’s ban on birthright citizenship, prompting the Trump administration to appeal to the Supreme Court.

In a 6-3 decision on June 27,  the Supreme Court ruled that the lower courts had likely exceeded their authority by issuing nationwide injunctions in the Birthright Citizenship cases.

Justice Amy Coney Barrett, the author of the majority decision, wrote that such universal injunctions “likely exceed the equitable authority that Congress has granted to federal courts.”

In his concurring opinion, Justice Samuel Alito raised concerns about a “potentially significant loophole” in the Supreme Court’s decision to restrict universal injunctions, noting that lower courts could misuse “nationwide class relief” to skirt its decision.

“…district courts should not view today’s decision as an invitation to certify nationwide classes without scrupulous adherence to the rigors of Rule 23,” Alito wrote. “Otherwise, the universal injunction will return from the grave under the guise of ‘nationwide class relief,’ and today’s decision will be of little more than minor academic interest.”

Within days of the decision,  the ACLU and other plaintiffs did just that by filing a class action lawsuit on behalf of non-citizens living in the United States.

Justice Department lawyers had reportedly argued that the plaintiffs could not sue as a class.

George Washington University law professor Jonathan Turley commented on X Thursday that Laplante’s ruling Thursday was to be expected.

“It is precisely what Justice Alito warned about in his concurrence and it will now move back toward the Supreme Court,” Turley wrote.

“Another lawless order by another activist judge, openly defying a recent Supreme Court ruling,” posted Mike Davis, founder and president of the Article III Project (A3P).

“Democrats suddenly care about the rights of unborn babies—but only if they’re anchor babies,” Davis added.

As the justices did not rule on the Birthright Citizenship executive order itself, the ultimate fate of the policy remains uncertain.

Under the Supreme Court’s ruling on nationwide injunctions, Trump’s executive order on Birthright Citizenship would potentially take effect on July 27.

According to Reuters, “more than 150,000 newborns would be denied citizenship annually” if and when Trump’s order if takes effect.

[H/T American Greatness]