oral argument

WASHINGTON — President Trump has notched a string of wins on the Supreme Court ’s emergency docket, in part because the conservative justices believe that blocking executive policies is a blow that can’t be easily fixed, Justice Sonia Sotomayor said Thursday.

The increase in emergency appeals by the Trump administration is “unprecedented in the court’s history,” she said in a speech at the University of Alabama School of Law.

The high court sided with the Trump administration in about two dozen decisions last year, often lifting the orders of lower court judges who found their policies were likely illegal on topics as diverse as immigration and steep federal funding cuts.

While designed to be short-term, those orders have largely allowed Trump to move ahead for now with key parts of his sweeping agenda.

The emergency docket, which is made up of appeals seeking quick intervention from the justices in cases that are still playing out in lower courts, is itself a source of disagreement among the justices. That spilled into public view when two other justices, liberal Ketanji Brown Jackson and conservative Brett M. Kavanaugh, publicly sparred over the emergency docket in an unusual exchange last month.

Sotomayor has disagreed with many of the decisions in Trump’s favor, but the conservatives who form the court’s majority often reason that blocking those policies — or laws passed by Congress — causes legal harm that can’t be easily fixed, she said. It’s a bar that’s tough for the other side to overcome, even for plaintiffs like immigrants who could be newly exposed to deportation or states where schools are losing teacher-training funding.

“If you start with the presumption that there is irreparable harm to one side, then you’re going to have more grants of emergency relief. Because the other side is going to have a much harder time,” she said. “It has changed the paradigm on the court.”

Her comments provided a window into the Supreme Court decisions that are often released with little explanation. While many emergency docket orders have gone Trump’s way, the court also struck down his sweeping tariffs, a central plank of his economic platform, after a longer process of full briefing and oral arguments.

Whitehurst writes for the Associated Press.

WASHINGTON  — Inside the Supreme Court, as justices heard oral arguments in the case over birthright citizenship, President Trump became the first sitting president to attend such a proceeding.

Outside the court, the great-grandson of Wong Kim Ark — the San Francisco man whose landmark Supreme Court case affirmed birthright citizenship in 1898 — addressed a crowd of hundreds of people.

“Wong Kim Ark’s victory ensured that people like me and millions of others would be recognized as fully American, not outsiders in the country of our birth,” said Norman Wong. “This case transformed the 14th Amendment from words on paper into living promise. Today, that promise is still being tested.”

Surrounded by protesters in favor of birthright citizenship was a lone counter-protester. The woman, who wore a red baseball cap and a sweatshirt stating “Chicago flips red,” yelled into a megaphone as speakers addressed the crowd.

“Freedmen stand with Donald Trump,” she said as the Rev. William Barber II spoke. “America first. Americans first.”

The Rev. William Barber II speaks during a rally on protecting birthright citizenship outside the Supreme Court on Wednesday.

(Al Drago / Getty Images)

Undaunted, Barber noted that the 14th Amendment, ratified in 1868, makes clear that anyone born in the U.S. is a citizen.

“The 14th Amendment protects babies from a caste system,” Barber said. “They didn’t allow evil in 1868, and we’re not going to allow evil in 2026.”

“Stop lying, pastor,” the woman taunted him.

After Barber finished his remarks, the woman was drowned out by Aretha Franklin’s “Respect” playing over the speakers.

Inside the building, justices heard arguments over a Trump executive order which aimed to end birthright citizenship. The administration has argued that children born of parents who are in the country illegally or temporary visas should be denied citizenship.

A man from Cameroon said he chose to speak out because he doesn’t want future generations to become stateless and feel what he has felt. The man said he had been authorized to work in the United States Temporary Protected Status until the Trump administration terminated it last year.

“I know what it feels like to have your sense of belonging taken from you overnight,” he said.

Nancy Jeannechild, 69, traveled from Baltimore with a handwritten sign asking the justices to “Do your job.” She said Trump has amassed too much power and that the Supreme Court hasn’t stood up to him enough.

“This is another opportunity for them to do the right thing, and I hope that they will,” she said. “Just because Trump doesn’t like it doesn’t mean it’s not what’s in the Constitution.”

Araceli Hernandez, 29, attended the rally with her 1-year-old son. She said she immigrated from Honduras five years ago and that her son being born here means he has better opportunities to study, access to healthcare and a safe environment to live in.

“We came to represent the children who are not yet born because they also have a right to have a better future in this country,” she said.

Sen. Alex Padilla (D-Calif.) said he was confident birthright citizenship would prevail because the Constitution is clear. The fight is personal, he said, as the a proud American and son of immigrants.

“The moment I was born on U.S. soil I was born a citizen, and I’ll be damned if Donald Trump tries to take that away from me,” he said. “What’s on the line isn’t just a question about citizenship — it is about upholding the Constitution, respecting the rule of law and keeping the promise that the 14th Amendment has held for more than 150 years.”

After the arguments wrapped up, Cecilia Wang, who led the defense of birthright citizenship for the American Civil Liberties Union, addressed the crowd. She said she was confident that the Trump administration would lose the case.

“Whether you’re an indigenous American, whether you are descended from African Americans who were enslaved and free, whether you are the descendant of someone who came on the Mayflower or someone who arrived just before your birth, we all are Americans alike,” she said. “That is the principle that we stood up for together, all of us, in the Supreme Court of the United States today.”

WASHINGTON — President Trump on Wednesday became the first sitting president to attend oral arguments at the Supreme Court, inserting himself directly into a high-stakes legal battle over one of the most consequential orders of his administration.

Trump arrived at the court Wednesday morning by limousine for arguments over whether the president has the authority to effectively rewrite the Constitution by ending birthright citizenship for children born in the United States to parents who are in the country unlawfully or temporarily.

In the run-up to Wednesday’s arguments, Trump suggested that Supreme Court justices appointed by Republicans who have ruled against his agenda are “so stupid.”

“Some people would call it stupidity; some people will call it disloyal,” Trump told reporters in the Oval Office on Tuesday.

“Dumb Judges and Justices will not a great Country make!” the president wrote on Truth Social on Monday.

The unprecedented appearance highlights how high Trump believes the stakes are, according to Adam Winkler, a constitutional law professor at UCLA.

“It’s not clear why Trump is attending,” Winkler said. “Maybe he is just interested in the unusual drama of a Supreme Court argument. Or perhaps he is trying to intimidate the justices, like the scene in ‘The Godfather Part II’ where the mob boss shows up at a hearing to scare the witness into recanting his testimony.”

Regardless, Trump’s presence probably won’t change any minds on the bench, Winkler said.

The justices prize their independence, including many who share Trump’s judicial philosophy. Still, it will likely change the mood, Winkler said — most hearings are quiet and academic.

The birthright citizenship order, which Trump signed on the first day of his second term, is a keystone of his administration’s broad immigration crackdown.

Trump has framed the policy as a necessary step to curb what he describes as abuse of the immigration system.

“Birthright Citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more, FOR PAY, to ridiculously become citizens of the United States of America. It is about the BABIES OF SLAVES!”

Every lower court that has considered the issue has found the order illegal and prevented it from taking effect. A definitive ruling by the nation’s highest court is expected by early summer.

This is a developing story and will be updated.