Here We Go Again: Federal Judge Blocks Trump’s Birthright Citizenship Order Using Legal Loophole

Just weeks after the Supreme Court curbed the power of federal judges to block the Trump administration’s agenda, one federal judge has done it again.

On Thursday, U.S. District Judge Joseph Laplante in New Hampshire issued a nationwide injunction against Trump’s day one executive order seeking to end birthright citizenship, the practice of granting automatic citizenship rights for babies born on United States soil, regardless of their parents’ citizenship status.

Last month, the Supreme Court ruled that lower courts do not have the unilateral authority to block Trump’s birthright citizenship order. However, the high court admitted it was leaving open a loophole — class-action lawsuits.

In his concurring opinion, Justice Samuel Alito warned about just this scenario, that the court was leaving open the possibility of judges creating “nationwide classes” to issue nationwide injunctions.

That is exactly what happened on Thursday.

Laplante, a George W. Bush appointee, certified a nationwide class action lawsuit that “will be comprised only of those deprived of citizenship” and issued a preliminary injunction that indefinitely blocks Trump’s birthright citizenship order.

Under the new injunction, Trump’s order cannot be enforced against any baby born after February 20.

“I’m the judge who wasn’t comfortable with issuing a nationwide injunction. Class action is different,” Laplante said at Thursday’s hearing. “The Supreme Court suggested class action is a better option.”

Immigration attorneys had requested that the judge approve the “nationwide class” for the suit.

The judge added that U.S. citizenship is the “greatest privilege that exists in the world” and that deprivation of citizenship is “irreparable harm.”

The conservative Supreme Court justices had previously expressed hope that federal judges would stop issuing so many nationwide injunctions after their ruling.

Justice Clarence Thomas wrote in his concurring opinion, “For good reason, the Court today puts an end to the ‘increasingly common’ practice of federal courts issuing universal injunctions.”

Trump had also hoped the high court’s ruling would allow his agenda to move forward.

“Big one, wasn’t it? This was a big decision,” Trump said the day of the Supreme Court’s ruling, calling it an “amazing decision, one that we’re very happy about.”

The president said a “whole list” of his policies could now move forward thanks to the decision, including ending sanctuary city funding, suspending refugee resettlement, and stopping federal taxpayers from paying for transgender surgeries.

The Trump administration is expected to appeal the ruling, which the judge paused for seven days to allow the administration to do so.