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Legal experts pan Trump's Supreme Court appeal on birthright citizenship

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Legal experts pan Trump's Supreme Court appeal on birthright citizenship

Trump administration lawyers sent the Supreme Court an emergency appeal this week with a “modest” procedural request, not to uphold new limits on birthright citizenship but rather to narrow the scope of rulings that blocked the limits from taking effect.

It’s a move that surprised and puzzled many legal experts.

They questioned the practicality and the fairness of having a citizenship rule that applied at least temporarily in some parts of the country but not others.

“This is a terrible case to raise this issue,” said University of Virginia law professor Amanda Frost. “Without a nationwide injunction, it would be chaos.”

She said pregnant women might have to cross state borders to ensure their babies were registered as citizens at birth. Judges might have to decide case by case on whether those birth registrations are proper.

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Shortly after President Trump issued his executive order proposing to end birthright citizenship, three judges — in Maryland, Massachusetts and Washington state — declared the change unconstitutional nationwide. They ruled in cases brought on behalf of 22 states, including California, and several groups that represent immigrants.

“If ever a universal injunction makes sense, it’s in a case like this,” George Mason University saw professor Ilya Somin wrote in a blog post. “Nationwide lawbreaking by the federal government requires a nationwide remedy. And that’s especially true if the illegality affects the rights of large numbers of people, many of whom could not easily or quickly bring individual suits to challenge it.”

But Trump administration lawyers argued that district judges should not be allowed to issue rulings that apply nationwide. And they said the court should act now to rein in these judges.

If the justices were to agree, it could deny citizenship in much of the nation to children whose mothers were in the country without legal status.

“Years of experience have shown that the Executive Branch cannot properly perform its functions if any judge anywhere can enjoin every presidential action everywhere,” wrote acting Solicitor Gen. Sarah M. Harris. “The sooner universal injunctions are eliminated root and branch, the better.”

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The justices, however, signaled they are not ready to move quickly. They set April 4 as a deadline for responses from the lawyers who won the rulings blocking Trump’s order on birthright citizenship.

In recent years, several justices have questioned the power of a single judge to hand down a ruling that applies nationwide.

Sometimes judges seek to “govern the whole nation from their courtrooms,” Justice Neil M. Gorsuch said last year.

Democrats complained when judges in Texas and Louisiana issued nationwide rulings to block Biden administration regulations.

Two years ago, a conservative judge in Amarillo, Texas, ordered a nationwide ban on abortion pills. The Supreme Court blocked his order and then overturned it entirely on the grounds that the antiabortion plaintiffs did not have standing to sue.

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During Trump’s first term, Republicans complained when judges in San Francisco and New York blocked his regulations including the travel ban that halted visitors from several Muslim-majority counties.

Harris said the problem has grown worse.

“Universal injunctions have reached epidemic proportions since the start of the current Administration,” she wrote. “District courts have issued more universal injunctions and [temporary restraining orders] during February 2025 alone than through the first three years of the Biden Administration.”

Much of the difference may be due to the unusual number of far-reaching executive orders issued in Trump’s first weeks in office.

This week’s appeals do not ask the court to weigh in on the underlying dispute over the meaning of the 14th Amendment adopted after the Civil War. It says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

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That rule of citizenship based on birth has been well-established and not seriously questioned in the courts.

But Trump and his supporters assert that some authors of the 14th Amendment did not think it extended to children born of women who are in the country temporarily.

Trump’s executive order, if it becomes law, would make two changes. It would deny citizenship to a child if the “person’s mother was unlawfully present in the United States” and the father was not a U.S. citizen or a lawful permanent resident or if the mother was in the country legally but temporarily, such as on a student or tourist visa.

The administration’s appeal could allow those changes to take effect in a large part of the country.

But if the justices are not ready to uphold those changes, Harris proposed a fallback option.

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The justices, she wrote, “at a minimum” should make clear the administration may develop and issue “guidance explaining how they would implement the Citizenship Order in the event that it takes effect.”

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

On the fifth day of the war in Iran, Defense Secretary Pete Hegseth said that the U.S. military operation was intensifying and that more warplanes were arriving in the region.

By Christina Kelso

March 4, 2026

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US submarine sinks Iranian warship by torpedo in a first since World War II

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US submarine sinks Iranian warship by torpedo in a first since World War II

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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.

Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.

“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”

Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”

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WATCH HEGSETH’S ANNOUNCEMENT:

Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.

“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”

This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)

Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.

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US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS

“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.

The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.

Thousands of travelers have been left stranded across the Middle East.

This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)

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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.

Fox News Digital’s Ashley Carnahan contributed to this report.

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Israel says fighter jet took down Iranian warplane, the first shootdown of its kind
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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.

In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.

“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.

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“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.

The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.

The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.

If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.

Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.

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Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.

Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.

Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.

Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.

In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.

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Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”

Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.

Election experts said the Constitution is clear that states control and run elections, not with the executive branch.

Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.

In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.

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McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.

Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.

“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”

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