Three federal judges have struck down Trump’s executive order on birthright citizenship since he signed it in January 2025. Now, the Supreme Court will hear arguments in the case.

The Supreme Court that will hear a case over birthright citizenship this week has been acting less like a group seeking consensus and more like nine justices clinging to their own interests.

While there is no serious argument that Trump’s birthright citizenship order is legal, there are very serious arguments on both sides of the nationwide injunction question. Gorsuch and Prelogar are correct that, when a single trial judge can set policy for the entire nation, it can needlessly disrupt the federal government’s legitimate activities.