As a result, a decree on limiting the law on the acquisition of US citizenship along with birth may enter into force within 30 days in some of the states. Donald Trump quickly announced the “giant victory”.
The conservative majority of the Supreme Court, consisting of six judges, decided that The lower courts of the lower instances cannot stop the action of presidential decrees at the level of the whole country in situations where it is not directly related to the group bringing a lawsuit. According to the new rules, such a measure can only be applied when the complaint is filed by the state authorities or when it comes to a collective claim covering the entire population of the country. In more complex procedural cases, such as collective lawsuits, there are now sharper criteria.
Although the judgment did not directly concern the constitutionality of the decree, in practice it means that it will come into force in more than half of the US states. However, the situation may change if the courts accept further complaints about this regulation and suspend its implementation in a larger area.
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The decision caused controversy both in the composition of the court and in public space. Judge Amy Coney Barrett, writing on behalf of a conservative majority, emphasized that the current practices of the first instance courts violated the limits of their rights. The justification indicated that the courts should resolve specific cases in accordance with applicable law, and not perform “general supervision of executive power”.
“When the court decides that the executive operates illegally, the court's response should not be to exceed his rights,” Barrett wrote.
Controversy around the judgment of the Supreme Court in the USA
Three liberal judge has firmly cut off from this opinion, which pointed to potentially dangerous consequences of the sentence. Sonia Sotomayor in her separate position described the verdict as a “parody of the rule of law”, warning that such an interpretation opens the door to further violations of the constitution by the executive power.
“No law is safe in the new legal regime that the court creates. Today, birth is a threat. Tomorrow, another administration may try to confiscate firearms that follow the rights of citizens or prevent people from gathering at services, “warned Sotomayor.
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Although the conservative majority decided not to take a position on the compliance of the decree with the Constitution, Liberal judges found him illegal, of course. In their opinion 14. The amendment to the constitution guarantees automatic citizenship to all people born in the US and subject to American sovereignty.
Donald Trump announces “a huge victory”
Media reports, including Politico, indicate that The Supreme Court's decision is a groundbreaking event in the battle around the disposal of the executive disposal of Donald Trump. The president repeatedly criticized the courts for blocking his actions, calling them politically motivated. After the verdict was announced, Donald Trump expressed his satisfaction on the Truth Social portal.
“A huge victory in the United States Supreme Court! Even a swindle with citizenship by birth indirectlył ” – wrote the president.
