Tennessee Attorney General Jonathan Skrmetti has submitted an amicus brief to the United States Supreme Court regarding cases on birthright citizenship. The brief supports President Donald Trump’s request to halt preliminary injunctions issued by several district courts. It calls for the Citizenship Clause of the Fourteenth Amendment to be interpreted based on its original public meaning, emphasizing judicial restraint and 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," stated Attorney General Skrmetti. He further emphasized the importance of adhering to the voters' understanding of the Constitution: "The American people are the ultimate source of authority and legitimacy for every branch of our government, and every court interpreting the Constitution must therefore adhere to the understanding of the voters who adopted the constitutional language."
Skrmetti described judicial overreach as a threat to American sovereignty and liberty, advocating for the balance of power among government branches. "Our system depends on checks and balances, and each branch of government, at both the federal and state levels, is by design intended to push back against overreach by the other branches."
Attorney General Skrmetti attributed strains on resources and challenges to economic and public safety efforts in Tennessee to an influx of illegal migrants and an expansive interpretation of the Citizenship Clause not aligned with the Fourteenth Amendment's historical context. He referenced U.S. Customs and Border Protection data indicating that over nine million illegal immigrants have entered the country, many finding residence in states like Tennessee.
In an executive action to address this, President Trump signed orders such as "Protecting the Meaning and Value of American Citizenship." However, federal judges issued preliminary injunctions against it, claiming the order violated the Citizenship Clause.
Attorney General Skrmetti's brief presents historical evidence from the Reconstruction Era to support the original public meaning of the Citizenship Clause. It also addresses the negative impacts of widespread injunctions on Tennessee's state laws and urges the Supreme Court to reaffirm foundational constitutional principles.
Attorney General Skrmetti’s amicus brief can be accessed for further details.