The 14th Amendment guarantees that all children born in the United States are citizens. It aimed to undo the notorious Dred Scott ruling, which held that some people born here—Black people, to be precise, free and formerly enslaved—nevertheless were not citizens. As you’ll recall, just hours into his term, President Donald Trump signed an executive order purporting to end birthright citizenship. The order was, and remains, unconstitutional.

The Supreme Court chose this case, out of all the possible cases, to strip judges of a key power used to stop illegal actions.

Instead of ruling on the merits in Trump v. CASA, the justices chose to rule on the legality of universal injunctions, among the strongest tools that lower courts use to block flagrantly unconstitutional policies like these from taking effect while cases play out. These injunctions grant relief not only to the person who brought a lawsuit, but to all affected by the ruling. Instead of every soon-to-be parent affected by the order having to bring a lawsuit to secure citizenship for their baby, only one litigant would have to obtain a universal injunction—guaranteeing relief from an unconstitutional order for all. The six justices of the conservative supermajority decided that such rulings go beyond the power of federal courts when they’re not necessary to give the plaintiffs themselves full protection of the law.

While this Supreme Court may be frozen in 1789, we must think anew and act to ensure the protection of birthright citizenship and so many other constitutionally recognized rights.

By allowing Trump’s order to partially take effect in 30 days absent further action by the lower courts, the court has effectively resuscitated Dred Scott, at least for some people, at least for now.

In her dissent, Justice Sonia Sotomayor warned, “No right is safe in the new legal regime the court creates. Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship.”

We at the Brennan Center are still analyzing the ruling. It’s vague at key points. In some respects, it is as great a gift to executive overreach as last summer’s ruling on presidential immunity. On the other hand, alternative avenues to obtain nationwide relief from illegal conduct remain.

Let me share several thoughts.

First, and most obviously: This is one more example of the Supreme Court enabling executive overreach at a time when checks and balances are profoundly strained.

These nationwide injunctions pose complex issues. I have warned about the damage a single judge can do with a gavel and a grudge. Nationwide........

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