Democrat-appointed judge finds a way around Supreme Court’s ban on nationwide injunction

Late last month, the Supreme Court ruled that federal judges are generally prohibited from binding the federal government via nationwide injunctions.

While the White House celebrated that ruling, a series of recent lower court decisions appear to have destroyed its effect.  

Judge points to exception in the Supreme Court’s decision

According to NPR, U.S. District Judge Leo Sorokin moved on Friday to block President Donald Trump’s executive order which limits birthright citizenship to the children of Americans and lawful permanent residents.

Sorokin determined that his previously issued injunction preventing the enforcement of Trump’s order remains in effect.

As NPR noted, this was because despite banning nationwide injunctions, America’s highest judicial body carved out exceptions for other court orders that nevertheless have nationwide impacts.

They include orders relating to class action lawsuits along with lawsuits that are brought against the federal government by states.

New Jersey attorney general welcomes Sorkin’s ruling

New Jersey is one of the states which is challenging the constitutionality of Trump’s birthright citizenship order, and New Jersey Attorney General Matthew Platkin welcomed Sorokin’s ruling.

Matthew said he was “thrilled the district court again barred President Trump’s flagrantly unconstitutional birthright citizenship order from taking effect anywhere.”

“American-born babies are American, just as they have been at every other time in our Nation’s history,” the state attorney general declared before adding, “The President cannot change that legal rule with the stroke of a pen.”

For his part, Sorkin acknowledged that “the Supreme Court will ultimately settle the question” but stressed that “for purposes of this lawsuit at this juncture, the Executive Order is unconstitutional.”

Debate over meaning of 14th Amendment’s “Citizenship Clause”

As Fox News explained, the controversy concerning Trump executive order arises from Section 1 of the Constitution’s 14th Amendment, a provision which is commonly known as the “Citizenship Clause.”

Federal appeals court rules against Trump’s birthright citizenship executive order https://t.co/egfEesDEkG

— Fox News (@FoxNews) July 24, 2025

It states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Critics of Trump insist that the clause bestows U.S. citizenship upon anyone born on American soil aside from the children of foreign diplomats.

In contrast, the Department of Justice (DOJ) asserts that those born to illegal aliens or those present on temporary visas are not “subject to” U.S. jurisdiction for purposes of the 14th Amendment.

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