WASHINGTON (TNND) — The Supreme Court on Thursday said it would hear arguments in the Trump administration’s case to end birthright citizenship in the United States.

President Donald Trump on Inauguration Day signed an executive order which effectively ended the ability for someone born in the United States to be considered a citizen of the nation. Opponents of the move argue, however, his decision violates the Constitution’s 14th amendment, which states “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

The high court will convene on May 15 to hear an emergency request from the Trump administration to consider whether judges overstepped their authority by filing nationwide injunctions to block Trump’s order. That case will not address the legality of the order itself.

Republicans have made a show of attacking “activist judges,” arguing they are using their power to benefit a political party instead of interpreting the law.

House Speaker Rep. Mike Johnson, R-La., said in March that “activist judges are a serious threat to our system.”

“It has increased in number,” he added. “It has increased in intensity. This is not the way the system is supposed to work.”

House Republicans also announced last month they would would launch The Judicial Activism Accountability Task Force to fight back against “judicial overreach.” That group planned to “unite patriots in the fight against activist judges.”

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