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AG Nessel Issues Statement on Supreme Court’s Decision in the Birthright Citizenship Case

LANSING – Today, the U.S. Supreme Court ruled in Trump, et al. v. CASA that “universal injunctions likely exceed the equitable authority that Congress has granted federal courts,” limiting the ability for a federal district court to issue a nationwide injunction.  In this case —which was consolidated with Trump v. Washington and Trump v. New Jersey, a case joined by Michigan Attorney General Dana Nessel, along with the attorneys general of 17 other states, plus Washington D.C. and the City of San Francisco — the preliminary injunction enjoining an executive order that purports to eliminate birthright citizenship is now limited to the specific parties involved in the lawsuits, including Michigan. Attorney General Nessel released the following statement in response to today’s decision: 

“This unprecedented decision doesn’t make Donald Trump’s executive order limiting birthright citizenship lawful. It simply allows it to stand in states either unwilling or afraid to challenge it, inviting this president and future ones to ignore constitutional limits.  

“The idea that our rights now depend on where we live is unconscionable. The Constitution is not a regional document, and it should never be subject to the whims of any political party or administration. A baby born in Ohio or Indiana should be entitled to the same birthright citizenship as a baby born in Michigan or Illinois. 

“We look forward to continuing to make this case in the courts and remain confident that we will succeed on the merits of our argument. As long as I serve as Attorney General, I will continue to fight for the rights of Michigan residents and uphold the rule of law, no matter the legal obstacles that stand in our way.” 

The Court today did not address or issue an opinion on the legal merits of Birthright Citizenship, however, the injunction remains for all the state plaintiffs, including Michigan, and the separate plaintiffs' whose cases were consolidated.

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