{"id":600,"date":"2026-09-03T13:10:32","date_gmt":"2026-09-03T13:10:32","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=600"},"modified":"2026-09-03T13:10:32","modified_gmt":"2026-09-03T13:10:32","slug":"judge-blocks-trumps-second-birthright-citizenship-order","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=600","title":{"rendered":"Judge blocks Trump’s second birthright citizenship order"},"content":{"rendered":"

Chief Justice William Rehnquist died on this day in 2005. He served on the court for more than 33 years, the first 14 of which he spent as an associate justice.<\/p>

Read more How William Howard Taft transformed from a portly president to a svelte chief justice<\/a><\/p>

At the Court<\/h2>

Two Republican groups asked the court on its interim docket to block a decision by the U.S. Court of Appeals for the 4th Circuit preventing political parties and joint fundraising committees from paying preferential broadcast rates for political ads. The court has asked the four Democrats who challenged the groups\u2019 access to more favorable rates to respond to the request by noon EDT today.<\/p><\/div><\/div>

In another interim docket dispute, a Michigan group urged the court to require Michigan election officials to put on the November ballot its proposal for requiring proof of citizenship to vote in the state. Michigan officials filed their to that request on Wednesday. Learn more about their filing in the Morning Reads section.<\/p><\/div><\/div>

This Friday at 9:30 a.m. EDT, the court will release its third and final summer order list. (We discussed what these lists typically address in our July 13 newsletter.)<\/p><\/div><\/div><\/div><\/div>

Morning Reads<\/h2>

US judge blocks Trump’s newest order limiting birthright citizenship<\/h3>

Nate Raymond, Reuters<\/svg><\/span><\/p>

On Wednesday, U.S. District Judge Deborah Boardman in Maryland “blocked the Trump administration from enforcing a new executive order limiting the number of people eligible for birthright citizenship that President Donald Trump issued after the U.S. Supreme Court rejected his previous effort,” according to\u00a0Reuters. Boardman imposed her preliminary injunction “at the request of immigrant rights advocates who had last year secured a ruling from her blocking” Trump’s first executive order on the issue\u00a0on behalf of a class of babies who would have been denied citizenship under that earlier order. She cited the Supreme Court’s June ruling striking down Trump’s first order to explain her decision,\u00a0asserting that the court had “already decided that the children in the class are citizens at birth.” “Her order bars agencies including the U.S. Department of State, the U.S. Department of Homeland Security, and the Social Security Administration from taking any action to interfere with, deny or fail to recognize citizenship of children covered by the class action.”<\/p><\/div><\/div>

New Jersey Seeks High Court Review of Kalshi Sports Markets<\/h3>

Gillian R. Brassil, Bloomberg Law<\/p>

On Wednesday, New Jersey brought the growing battle over regulatory control of prediction markets to the Supreme Court, asking the justices \u201cto clear up a nationwide legal debate over whether sports prediction markets offer\u201d sports bets, which are subject to state regulation, or if instead, they host \u201chedging tools called \u2018swaps\u2019 that are under the purview of\u201d the federal government, according to Bloomberg Law. New Jersey\u2019s appeal of a ruling from the U.S. Court of Appeals for the 3rd Circuit embracing this latter view comes less than a week after the U.S. Court of Appeals for the 9th Circuit sided with Nevada gaming regulators, creating what\u2019s called a circuit split. In its petition, New Jersey said \u201c[t]hat split has tremendous importance, as it will determine whether a multi-billion-dollar gaming industry can suddenly operate free from state sports-gaming laws.\u201d Bloomberg Law noted that the Trump administration supports the prediction markets in these disputes, asserting that \u201cit has sole oversight\u201d of their offerings.<\/p><\/div><\/div>

House squashes measure to prevent Supreme Court from expanding<\/h3>

Zachary Schermele, USA Today<\/p>

On Wednesday, \u201cDemocrats in the House of Representatives batted down a longshot constitutional amendment to freeze the number of justices on the Supreme Court at nine,\u201d according to USA Today. The vote was 212-206, \u201cwith only one Democrat, Rep. Don Davis of North Carolina, siding with Republicans.\u201d The amendment \u201cneeded two-thirds support in the chamber to pass.\u201d Rep. Andy Biggs, a Republican from Arizona, spoke in support of the amendment on the House floor before it failed. \u201cWe should not change the Supreme Court simply because we don\u2019t like the people sitting on it,\u201d he said.<\/p><\/div><\/div>

State of Michigan responds to Americans for Citizen Voting appeal to US Supreme Court<\/h3>

Katherine Dailey, Michigan Advance<\/p>

On Monday, the sponsors of a proposal for Michigan to impose a proof-of-citizenship requirement on voters asked the Supreme Court on its interim docket to require the state to put this proposal on the November ballot. They contend, among other things, \u201cthat the due process rights of Michiganders who signed the\u201d petition to get the proposal on the ballot \u201cwere violated when the Board of State Canvassers determined that affidavits validating nine rejected signatures were submitted too late and as such could not be used to have those signatures \u2013 which would have put the petition over the threshold \u2013 count as valid.\u201d On Wednesday, Michigan officials to the sponsors\u2019 request, telling the justices \u201cthat the process of a referendum like this is a state-created right as opposed to one guaranteed by the First Amendment,\u201d and is therefore not entitled to the same level of protection, according to Michigan Advance. \u201c[M]any courts have held that private citizens lack a constitutional right to propose referenda or initiatives for any ballot, federal or state,\u201d the officials asserted. They further argued that the sponsors have failed to account for \u201cthe high number of signatures that were found to be invalid.\u201d<\/p><\/div><\/div>

On Trump\u2019s Ballroom, Chief Justice Finds Himself in an Unusual Spot: In Dissent<\/h3>

Ann E. Marimow, The New York Times<\/svg><\/span><\/p>

On Monday, the Supreme Court cleared the way for construction to continue on the new White House ballroom. Chief Justice John Roberts dissented, in an opinion joined by the court\u2019s three Democratic appointees. The New York Times highlighted Roberts\u2019 vote in an article about how rarely he is in dissent. \u201cSince 2020, he has on average voted with the majority in argued cases that were not unanimous 91 percent of the time. Throughout his tenure, he has voted with the majority 83 percent of the time \u2013 the fifth highest of any justice and the highest of any chief justice since 1953, according to an analysis by Lee Epstein, a political scientist and law professor at Washington University in St. Louis.\u201d<\/p><\/div><\/div>

Maine\u2019s high court rules father can restrict daughter\u2019s church attendance<\/h3>

Sean Scott, The Maine Monitor<\/p>

On Tuesday, the Maine Supreme Judicial Court ruled that \u201c[a] Portland District Court judge was correct in giving a father the power to decide whether his daughter could attend an evangelical church following a clash with the girl\u2019s mother over her religious upbringing.\u201d The judge sided with Matthew Bradeen over Emily Bickford after determining that \u201csome of the church\u2019s language was \u2018psychologically damaging the child,\u2019\u201d including teachings about \u201cthe rapture, a belief that Christians will join God at the end of the world and nonbelievers will be left behind,\u201d according to The Maine Monitor. Bickford\u2019s lawyer, Mathew Staver of Liberty Counsel, told The Monitor that they plan to appeal the decision to the U.S. Supreme Court. \u201cI think it will be a case that will be very significant and catch the attention of the Supreme Court because of how far-reaching it is with regards to the First Amendment exercise clause,\u201d Staver said.<\/p><\/div><\/div><\/div><\/div>

On Site<\/h2>
From the SCOTUSblog Team<\/span>

Why religion and education will be in the spotlight next term<\/h3>

By Kelsey Dallas<\/p>

As the back-to-school spirit sweeps across the nation, education is likely on the minds of the Supreme Court justices (especially those with kids still at home or in college). The court is preparing for a term that will involve at least one major dispute on religion in schools \u2013 and potentially more.<\/p><\/div>

\n
\"\"<\/figure>\n<\/div><\/div><\/div><\/div>
SCOTUS Outside Opinions<\/span>

How William Howard Taft transformed from a portly president to a svelte chief justice<\/h3>

By Jordan Lorence<\/p>

In a column for SCOTUSblog, Jordan Lorence highlighted William Howard Taft\u2019s physical transformation in the years after his left the White House, including during his time as chief justice. \u201cPeople remember Taft as a heavy president, but few are aware that he lost a great deal of weight later in life when he headed the court,\u201d Lorence wrote, exploring the healthy changes Taft made and what can be learned from \u201cTaft-maxxing.\u201d<\/p>

Read more Why religion and education will be in the spotlight next term<\/a><\/p><\/div>

\"\"<\/div><\/div><\/div><\/div><\/div><\/div>

Podcasts<\/h2>
Amarica’s Constitution<\/span>

The Statesman’s Constitution – Special Guest Steven B. Smith<\/h3>

Originalists venerate the founders, who were by most reckonings a group of remarkable statesmen. Today, many Americans look seemingly in vain for a statesman worthy of the moment and its challenges. But what is a statesman? Does the Constitution assume a statesman will lead the country? Steven B. Smith, author of the new book On Statesmanship, joins to discuss.<\/p><\/div><\/div><\/div><\/div><\/div>

A Closer Look<\/div>

Woodward v. Alabama<\/h3><\/div>

On Sept. 28, 2006, Montgomery, Alabama, police officer Keith Houts was shot during a traffic stop. The shooter fled the scene, but investigators were able to quickly track down the car\u2019s owner, Morrie Surles, because Houts had recorded the license plate before he was hit. Surles told the police that she bought the car for her daughter, Tiffany. The next day, Tiffany\u2019s boyfriend, Mario Woodward, was arrested and charged with attempted murder. When Houts died from his injuries, the charges were upgraded to capital murder, and Woodward was ultimately found guilty and sentenced to death.<\/p>

Woodward has spent much of his time on Alabama\u2019s death row pursuing challenges to his conviction, filing three different petitions for review at the Supreme Court over the past 13 years. The first two were denied, and the third is scheduled to be considered by the justices during their \u201clong conference\u201d on Sept. 28. Woodward that it raises a significant question about state courts\u2019 application of Brady v. Maryland,<\/em> a major ruling on postconviction relief.<\/p>

In Brady<\/em>, which was argued and decided in 1963, the Supreme Court held that prosecutors\u2019 decision to withhold evidence favorable to John Brady from his legal team violated Brady\u2019s due process rights under the 14th Amendment. The ruling is the basis of what is now referred to as the Brady<\/em> rule, under which prosecutors must share with the defense \u201cany information favorable to the accused which may reduce a defendant\u2019s potential sentence, go against the credibility of an unfavorable witness, or otherwise allow a jury to infer against the defendant\u2019s guilt.\u201d Defendants who identify a potential Brady<\/em> violation after their conviction can file a challenge seeking to have the conviction overturned.<\/p>

Woodward\u2019s pending petition centers on a Brady<\/em> claim he filed in 2023, after he obtained records related to the Houts shooting from the U.S. Marshals Service based on a Freedom of Information Act request. The records, though partially redacted, showed that officers had investigated a different, previously undisclosed suspect before zeroing in on Woodward. Woodward asserts that prosecutors violated Brady<\/em> by failing to make his legal team aware of this alternative suspect.<\/p>

The Circuit Court of Montgomery County and the Alabama Court of Criminal Appeals both denied Woodward\u2019s 2023 claim, concluding that he had waited too long after receiving the records from the U.S. Marshals Service to seek postconviction relief and that he had failed to adequately explain how knowledge of the alternative suspect would have changed his defense strategy. \u201cIn particular,\u201d according to the Alabama Court of Criminal Appeals\u2019 ruling, \u201cWoodward failed to plead any facts in his amended petition explaining whether the result of his trial would have been different had the alleged newly discovered evidence been known at the time of trial.\u201d<\/p>

In March, Woodward asked the Supreme Court to review the Alabama courts\u2019 treatment of his Brady<\/em> claim, that they \u201cerroneously reformulated\u201d Supreme Court precedent. Specifically, Woodward asserts that, under the Brady<\/em> line of cases, he needed only to show that knowledge of the alternative suspect would have had a \u201cprobable impact\u201d on his trial to be entitled to postconviction relief. The lower courts improperly held him to a higher standard, according to Woodward, expecting him to more definitively prove that his trial would have turned out differently. Woodward further argues that the lower courts misapplied the time limit by failing to acknowledge the time he spent waiting for the Marshals Service to confirm that the records were redacted correctly.<\/p>

In its response to Woodward\u2019s petition for review, Alabama asserts that Woodward failed to raise the issues in his petition before the lower courts, which means \u201cthe record is entirely undeveloped\u201d and a poor candidate for Supreme Court review. The case is also not worthy of the court\u2019s attention, according to the state, because it is \u201cheavily factbound\u201d and \u201cpresents no important federal question for the Court to answer and no conflict among the lower courts requiring resolution.\u201d<\/p>

As noted above, Woodward v. Alabama<\/em> is scheduled to be considered by the justices for the first time on Sept. 28.<\/p><\/div><\/div>

SCOTUS Quote<\/h2>

\u201cThe plea was not guilty, and he was convicted. No matter what the evidence was against him, he had the right to have an impartial judge.\u201d<\/p>

Read more House to vote on number of justices<\/a><\/p>

\u2014 Chief Justice William Howard Taft in Tumey v. Ohio<\/em>\u00a0(1927)<\/p><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

Plus, the benefits of Taft-maxxing.<\/p>\n","protected":false},"author":1,"featured_media":17,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,5,4],"tags":[],"class_list":["post-600","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-amaricas-constitution","category-from-the-scotusblog-team","category-newsletter"],"yoast_head":"\nJudge blocks Trump's second birthright citizenship order - American Service Review<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/americanservicereview.com\/?p=600\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Judge blocks Trump's second birthright citizenship order - American Service Review\" \/>\n<meta property=\"og:description\" content=\"Plus, the benefits of Taft-maxxing.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/americanservicereview.com\/?p=600\" \/>\n<meta property=\"og:site_name\" content=\"American Service Review\" \/>\n<meta property=\"article:published_time\" content=\"2026-09-03T13:10:32+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/americanservicereview.com\/wp-content\/uploads\/2026\/06\/8f4300a93325687c5795c244b9229fe0.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"2000\" \/>\n\t<meta property=\"og:image:height\" content=\"1333\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"11 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=600#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=600\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/#\\\/schema\\\/person\\\/220bfdac1627513926924476de32dedb\"},\"headline\":\"Judge blocks Trump’s second birthright citizenship order\",\"datePublished\":\"2026-09-03T13:10:32+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=600\"},\"wordCount\":2183,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=600#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/americanservicereview.com\\\/wp-content\\\/uploads\\\/2026\\\/05\\\/803a164f9e7307fb35e1310eb4a0b4fe.jpg\",\"articleSection\":[\"Amarica's Constitution\",\"From the SCOTUSblog Team\",\"Newsletter\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/americanservicereview.com\\\/?p=600#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/americanservicereview.com\\\/?p=600\",\"url\":\"https:\\\/\\\/americanservicereview.com\\\/?p=600\",\"name\":\"Judge blocks Trump's second birthright citizenship order - 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