SCOTUS Strikes Down Trump's Birthright Citizenship Order
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- Supreme Court struck down Trump's executive order restricting birthright citizenship in a 5-justice majority, reaffirming that any person born on American soil is a citizen
- Chief Justice Roberts wrote the majority opinion, stating "Citizenship, then and now, was the right to have rights— to freely participate in our political community"
- Justice Thomas dissented, joined by Justice Gorsuch, arguing the executive order was "lawful at least to this extent" for temporary visitors and their children
- Justice Kavanaugh concurred with the judgment but on different grounds, arguing Trump's order violated 8 U.S.C. § 1401, a separate immigration statute
- Trump urged Congress to repeal birthright citizenship through legislation on Truth Social, writing "No long and unwieldy Constitutional Amendment is necessary!"
- Public polling shows two-thirds of Americans support preserving the 14th Amendment's birthright citizenship guarantee, including 53% of white evangelical Protestants
- Had the order succeeded, millions of children born in the US would have lost citizenship eligibility, with some potentially becoming stateless if their parents' home countries refused to grant them citizenship
Why it matters: The decision delivers a direct blow to Trump's immigration agenda, blocking his attempt to unilaterally redefine American citizenship by executive fiat. With Trump now pressing Congress to legislate, the fight shifts to Capitol Hill—where two-thirds of Americans, including 53% of white evangelicals, support the constitutional right he wants to abolish.
