zang
Senior Member
No it doesn't. We re not even sure if any lower court action has taken place at all. It's called an 'advisory opinion' (in Canadian jurisprudence it is similar to a 'reference case'). There has been a lot of legal ink spilled on the constitutionality of advisory opinions that I won't even try to distill but, historically, their courts have been really reluctant to get involved.
Per https://www.cnn.com/2025/03/14/politics/supreme-court-birthright-citizenship-explainer/index.html
As it pushes to implement a plan to end birthright citizenship, the Trump administration is counting on an argument about out-of-control federal judges to prove irresistible to some Supreme Court conservatives.
Rather than waiting to ask the court to rule directly on the merits of birthright citizenship, which President Donald Trump is seeking to unwind, the administration used a series of emergency appeals Thursday to argue that lower courts are vastly exceeding their authority to block the White House’s agenda.
[…]
For now, the court doesn’t appear to be in any rush to resolve the cases. The three justices handling Trump’s appeals on Friday asked for a response from the groups challenging Trump by April 4, a far longer timeline than is usual on the court’s emergency docket.
The birthright citizenship appeals made their way to the high court at a moment when judges are wrestling with a slew of controversial executive actions that seem designed to push the boundaries of the law. The Supreme Court has already twice declined to overturn lower courts that blocked Trump initiatives since January 20.
Yes, the Supreme Court would not actually then create the statute, but the country would be subject to the Executive Order.