Supreme Court Allows Trump to Move Closer to Ending Birthright Citizenship

On Friday, the Supreme Court agreed to review the legality of former President Donald Trumps attempt to eliminate birthright citizenship, the constitutional provision from 1868 that grants automatic U.S. citizenship to anyone born on American soil. This decision positions the court to potentially issue a ruling by the end of June that could challenge the protections of the Fourteenth Amendment, which ensures citizenship for all individuals born or naturalized in the United States.

Shortly after taking office in January, Trump issued an executive order asserting that children born to immigrants on temporary visas or residing in the country illegally should not automatically receive U.S. citizenship. Multiple lower courts blocked this order over the past year.

The case now before the Supreme Court originates from New Hampshire. The Trump administration argues that the amendments phrase subject to the jurisdiction of implies that children must not only be physically present in the U.S. at birth but also owe allegiance to the countrya requirement critics note is unclear for newborns. Solicitor General D. John Sauer, representing the administration, claimed that longstanding misinterpretations of the Clause have had harmful effects and stated that the executive order aims to restore the Clauses original meaning.

This is not the first time the Court has considered the matter this year. In May, justices from both ideological perspectives questioned why the administration pursued a legal path on birthright citizenship when lower courts had consistently ruled against it. During those proceedings, Justice Brett Kavanaugh challenged the administration on how it would enforce the policy, while Justice Amy Coney Barrett expressed concern over the argument that the president could disregard legal opinions with which he disagrees.

Author: Ethan Caldwell