Supreme Court Set to Rule on Historic Birthright Citizenship Case
The Supreme Court is set to conclude its nine-month term on Friday with a flurry of rulings including a closely watched case concerning birthright citizenship. This landmark decision will determine the fate of President Trump’s controversial executive order attempting to restrict birthright citizenship, potentially affecting thousands of newborns annually.
Trump’s Executive Order Challenges 14th Amendment
Trump signed his order on January 20, his first day back in office. It directed federal agencies to refuse to recognize the citizenship of U.S.-born children who do not have at least one parent who is an American citizen or lawful permanent resident, also known as a “green card” holder.
The executive order represents a direct challenge to the 14th Amendment’s Citizenship Clause, which has guaranteed birthright citizenship since 1868. “By sidestepping the constitutional amendment process, this executive order attempts to unilaterally rewrite the 14th Amendment — an essential Reconstruction-era measure that granted citizenship to all persons born or naturalized in the U.S., including formerly enslaved people.”
Lower Courts Block Trump’s Birthright Citizenship Order
Federal district court judges in three different states have forcefully rejected that view and blocked Trump’s executive order voiding birthright citizenship. And three separate appeals courts have refused to unblock those court orders. Multiple federal judges have issued nationwide injunctions preventing the administration from implementing the order.
“You are an American citizen if you were born on American soil – period,” Brown said. “Nothing that the president can do will change that.” More than 150,000 newborn children would be denied citizenship annually if Trump’s order is allowed to stand, according to the Democratic-led states.
Supreme Court Arguments Focus on Judicial Authority
The Supreme Court heard oral arguments on Thursday in cases challenging an executive order President Donald Trump signed purporting to limit who is entitled to birthright citizenship. However, the arguments focused on whether federal district court judges can rule against the administration on a nationwide basis.
The Supreme Court on Thursday was divided over whether a federal judge has the power to block President Donald Trump’s executive order ending birthright citizenship while the case moves through the legal system, indicating the justices may focus more on procedural questions than constitutional interpretation.
Constitutional Precedent Established 127 Years Ago
The president’s contention that birthright citizenship is unconstitutional is considered a fringe view because the Supreme Court ruled to the contrary 127 years ago. The landmark 1898 case of United States v. Wong Kim Ark established that children born on U.S. soil are citizens regardless of their parents’ immigration status.
At age 21, he returned to China to visit his parents; when he returned to the United States, Wong was denied entry on the ground that he was not a citizen. The Supreme Court, in a 6-2 decision, ruled that Wong was a citizen under the 14th Amendment.
Stakes and Implications of the Decision
Ruling could transform US policy on birthright citizenship, or limit federal judge’s ability to curtail Trump. The Supreme Court’s decision will have far-reaching consequences, potentially affecting immigration policy, constitutional interpretation, and the balance between executive power and judicial authority.
The United States is one of a few dozen countries that guarantees citizenship to any individual born within its territory—a policy that has been in place since Congress ratified the Fourteenth Amendment in 1868. But efforts to end the practice have increased as critics say it encourages unauthorized migration.
Congressional and Legal Opposition
Ending it through executive order is simply unconstitutional and a dangerous overreach of executive power,” said Ranking Member Pramila Jayapal. “All persons born on U.S. soil are U.S. citizens, that is what our Constitution dictates and is something President Trump cannot undo by waving a pen.
Expected Timing and Impact
A decision in the birthright citizenship case is expected by late June or early July. The ruling will either uphold the constitutional guarantee of birthright citizenship or potentially reshape American immigration law and citizenship policy for generations to come.
The Supreme Court’s decision represents one of the most significant constitutional cases in recent years, with implications extending far beyond immigration policy to fundamental questions about executive power and constitutional interpretation.