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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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Trump stirs GOP primary drama with visit to Massie’s Kentucky home turf

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Trump stirs GOP primary drama with visit to Massie’s Kentucky home turf

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President Donald Trump is taking his feud with Rep. Thomas Massie, R-Ky., to the libertarian lawmaker’s home turf on Wednesday.

Trump is expected to hold an event in Hebron, Kentucky, on Wednesday, the Republican Party of Kentucky announced on social media Monday. It’s located in the northern part of the state’s 4th Congressional District, which Massie represents.

Massie’s primary rival, Ed Gallrein, will attend the Hebron event, his campaign confirmed to Fox News Digital on Tuesday, while deferring all other questions on the matter to the White House.

Massie himself will miss the event due to a previously scheduled official engagement, his spokesperson told Fox News Digital.

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KHANNA AND MASSIE THREATEN TO FORCE A VOTE ON IRAN AS PROSPECT OF US ATTACK LOOMS

President Donald Trump will be visiting Rep. Thomas Massie’s congressional district on Wednesday. (Win McNamee/Getty Images; Nathan Posner/Anadolu via Getty Images)

When asked about the visit, White House spokeswoman Liz Huston told Fox News Digital, “President Trump will visit the great states of Ohio and Kentucky on Wednesday to tout his economic victories and detail his Administration’s aggressive, ongoing efforts to lower prices and make America more affordable.”

The president has thrown his considerable influence behind Gallrein to unseat Massie after the GOP lawmaker publicly defied Trump on multiple occasions.

MASSIE, KHANNA TO VISIT DOJ TO REVIEW UNREDACTED EPSTEIN FILES

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Massie most recently was one of two House Republicans to vote to stop Trump’s joint operation in Iran with Israel, though the legislation was successfully blocked by the majority of GOP lawmakers and a handful of Democrats.

Ed Gallrein, left, seen with President Donald Trump in the Oval Office at the White House. (Ed Gallrein congressional campaign)

He was also one of two Republicans to vote against Trump’s “big, beautiful bill” last year.

Trump in turn has hurled a slew of personal attacks against Massie, including calling him “weak and pathetic” in a statement endorsing Gallrein in October.

“He only votes against the Republican Party, making life very easy for the Radical Left. Unlike ‘lightweight’ Massie, a totally ineffective LOSER who has failed us so badly, CAPTAIN ED GALLREIN IS A WINNER WHO WILL NOT LET YOU DOWN,” Trump posted on Truth Social at the time, one of numerous criticisms targeting the Kentucky Republican through the years.

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He called Massie the “worst Republican congressman” in July amid Massie’s bipartisan push to force the Department of Justice (DOJ) to release its files on Jeffrey Epstein.

Then-Rep. Marjorie Taylor Greene, a Republican from Georgia, Rep. Thomas Massie, a Republican from Kentucky, and Rep. Ro Khanna, a Democrat from California, during a news conference outside the U.S. Capitol in Washington, D.C., on Tuesday, Nov. 18, 2025. (Graeme Sloan/Bloomberg via Getty Images)

But Massie has so far appeared to defy political gravity despite making political enemies out of both Trump and House GOP leaders.

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He handily defeated multiple primary challengers in 2024 and 2022, despite public feuds with Trump, and has served his district since 2012.

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Gallrein is a retired Navy SEAL and farmer who launched his campaign days after Trump made his endorsement. Their primary election day is May 19.

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California Democrats launch pricey polling effort to winnow crowded gubernatorial field

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California Democrats launch pricey polling effort to winnow crowded gubernatorial field

As anxiety mounts among California Democrats about the potential of a Republican being elected governor, the state party will spend hundreds of thousands of dollars on polling to assess the viability of the sprawling field of candidates hoping to replace termed-out Gov. Gavin Newsom, according to plans released Tuesday.

The move comes after nearly every Democratic candidate refused party leaders’ call last week to withdraw from the race to avoid splitting the vote in the June primary — an outcome that could lead to a Republican being elected to statewide office for the first time in two decades.

“Candidates have filed, and now they’ve got the opportunity to showcase their viability, their path to win. I want to simply ensure that everybody has information to fully understand the current state of the race,” said Rusty Hicks, the leader of the California Democratic Party.

As campaign season ramps up, the series of six polls will allow “candidates, supporters, the media, voters, anyone and everyone to have a clear understanding of what is or is not happening in this particular race,” he said.

The filing deadline to appear on the June 2 ballot was Friday. Three days earlier, Hicks released an open letter urging candidates who did not have a path to victory to withdraw from the race. Of the nine prominent Democrats who had announced runs for governor, only one heeded his call: former state Assembly Majority Leader Ian Calderon.

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That means the eight other candidates’ names will appear on the ballot, regardless of whether they decide to later drop out. And that creates the possibility of a Republican winning the race because of how California elections are decided.

The state has a voter-approved top-two primary system, under which the two candidates who receive the most votes in the June primary advance to the November general election, regardless of party.

Two prominent Republicans will appear on the ballot: former conservative commentator Steve Hilton and Riverside County Sheriff Chad Bianco. Even though Democratic voters outnumber Republicans nearly 2 to 1, and the state’s electorate last elevated Republicans to statewide office in 2006, it is mathematically possible for Democrats to splinter the vote, allowing the two GOP candidates to advance.

Under such a scenario, not only would Republicans be guaranteed the leadership of the nation’s most-populous state, but Democratic voter turnout also would probably be depressed in November, potentially affecting down-ballot races such as those that could determine control of Congress.

Hicks’ call last week prompted concerns among candidates of color, including former U.S. Health and Human Services Secretary Xavier Becerra and state Supt. of Public Instruction Tony Thurmond, that the effort was aimed at every nonwhite candidate in the race.

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The state party chairman responded that his letter was not aimed at any specific candidate.

“It’s not something I lose sleep over,” Hicks said when asked about the racial claims. But he added that the voter surveys will be conducted by Los Angeles-based Evitarus, the state’s only Black- and Latino-led full-service polling firm, and will oversample historically underrepresented communities: Latino, Black and Asian American voters.

Hicks said the polling will cost “multiple six figures” but did not specify the exact amount.

The first poll will be released on March 24, and then five additional surveys will come out every seven to 10 days until voters start receiving mail ballots in early May.

“We’re putting this forward to ensure everyone is armed with the information they need to clearly have an eyes-wide-open assessment of where the state of the race currently is between now and when ballots land in the mailboxes of voters,” Hicks said.

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Trump reveals top issues GOP should focus on to secure midterms victory: ‘I’ve never been more confident’

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Trump reveals top issues GOP should focus on to secure midterms victory: ‘I’ve never been more confident’

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President Donald Trump outlined five key items he believes will tip the upcoming midterm elections in the GOP’s favor — if Republicans can muscle them through Congress.

“No transgender mutilation surgery for our children,” Trump told an audience at the Republican Members’ Issues Conference. “Voter ID, citizenship [verification], mail-in ballots, we don’t want men playing in women’s sports.”

It’s the best of Trump. Those are the best of Trump. This is the number one priority, it should be, for the House,” Trump said.

Trump’s exhortations to Republican lawmakers come as the GOP wages an uphill campaign to hang on to a controlling majority in the House of Representatives and the U.S. Senate. He framed his legislative priorities as a way for Republicans to capitalize on popular demands within the GOP base that would increase their chances of preserving a Republican governing trifecta.

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President Donald Trump gestures as he boards Air Force One before departing Palm Beach International Airport in West Palm Beach, Florida, on March 1, 2026. (Mandel Ngan / AFP via Getty Images)

HOUSE REPUBLICANS PUSH ELECTION OVERHAUL WITH VOTER ID, MAIL-IN BALLOT CHANGES AHEAD OF MIDTERMS

Currently, Republicans hold just four more seats than Democrats in the House of Representatives.

The GOP holds six more than Democrats in the Senate.

To keep the numbers in their favor, Republicans will need to beat historical trends. In the vast majority of past cases, parties that capture the White House in presidential elections face blowback in the midterms. Notably, the last time a majority party gained seats in both chambers of Congress in the midterms came under the Bush administration in 2002, following devastating attacks on the World Trade Center.

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House Speaker Mike Johnson, R-Louisiana, left, and President Donald Trump shake hands during an Invest America roundtable in the State Dining Room of the White House in Washington, District of Columbia, on June 9, 2025. (Yuri Gripas/Abaca/Bloomberg via Getty Images)

REPUBLICANS, TRUMP RUN INTO SENATE ROADBLOCK ON VOTER ID BILL

Trump said he believes Republicans have a shot at bucking the trend come November if they focus on his list.

“It’ll guarantee the midterms,” Trump said of his legislative priorities.

Republicans have already taken strikes towards two of them through the SAVE America Act, a piece of legislation that would require proof of citizenship to register to vote and cast a ballot. That bill cleared the House last month for a second time in the 119th Congress.

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Its future is uncertain in the Senate, where Republicans would need the assistance of seven Democrats to overcome the 60-vote threshold to defeat a filibuster. Democrats, for their part, believe the legislation would disenfranchise voters who cannot readily provide documented proof of citizenship through a passport, REAL ID, or birth certificate. 

Senate Majority Leader John Thune, R-S.D. has promised a vote on the package despite its long odds. 

Sen. Mike Lee, R-Utah, talks with a guest during a “Only Citizens Vote Bus Tour” rally in Upper Senate Park to urge Congress to pass the Safeguard American Voter Eligibility (SAVE) Act on Wednesday, Sept. 10, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

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Several members have introduced bills on transgender issues, although none of them have cleared either chamber.

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I’ve never been more confident that if we keep these promises and deliver on this popular agenda, the American people will stand with us in overwhelming numbers, just as they did in 2024,” Trump said.

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