TBA Law Blog


Posted by: Azya Thornton on Mar 21, 2025

Tennessee Attorney General Jonathan Skrmetti today filed an amicus brief in the U.S. Supreme Court supporting President Donald Trump’s application to stay preliminary injunctions issued by multiple district courts in cases addressing birthright citizenship. According to a press release, the brief emphasizes that courts should interpret the Citizenship Clause of the 14th Amendment in line with its original public meaning and should limit their judicial power to specific cases and controversies, consistent with the separation of powers. “Courts are empowered by the Constitution to resolve cases and controversies, not to issue sweeping policy proclamations or manage the executive branch,” Skrmetti said. After Trump signed the executive order, “Protecting the Meaning and Value of American Citizenship,” three federal judges have issued nationwide preliminary injunctions, freezing the order and ruling it violated the Citizenship Clause. The Trump administration had asked the U.S. Supreme Court to weigh in last week.