U.S. Supreme Court (image via Depositphotos)
Posted on by Randy Slovacek

Supreme Court Appears Skeptical Of Trump’s Birthright Citizenship Argument

The U.S. Supreme Court heard arguments today challenging the issue of birthright citizenship which is guaranteed by the 14th Amendment.

The justices appeared skeptical of Team Trump’s arguments that the president can deny citizenship to babies born to parents without permanent immigration status.

Back in January 2025, when Donald Trump returned to the White House, he signed an executive order to limit the citizenship guarantee. But skipping over a constitutional amendment isn’t a power given to presidents.

The order quickly faced several legal challenges as judges in multiple states blocked its implementation for the entire country. A federal judge in Washington state called the president’s order “blatantly unconstitutional.”

One of the lawsuits, a challenge filed in New Hampshire, is the case being argued on Wednesday before the court.

From the New York Times:

The question before the court on Wednesday involves the meaning of the citizenship clause of the 14th Amendment, which was ratified in 1868 after the Civil War.

The amendment reversed one of the Supreme Court’s most notorious decisions, the ruling in the 1857 Dred Scott case, which had denied citizenship to Black Americans.

The key provision of the amendment states that “all persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens.

That language was mirrored by Congress in a 1952 law, and has been understood in court rulings and executive actions for more than a hundred years to guarantee birthright citizenship.

According to several legal experts who attended the oral arguments, some key conservative justices appeared skeptical of Team Trump’s arguments.

At one point, D. John Sauer, the solicitor general arguing for the Trump administration, noted that today we live “in a new world where 8 billion people are one plane ride away from having a child who’s a U.S. citizen.

Chief Justice John Roberts replied, “It’s a new world. It’s the same Constitution.”

Trump attended the first part of the oral arguments, becoming the first sitting president to sit in on Supreme Court oral arguments.

He quickly dispatched his reaction to the oral arguments on his failing Truth Social platform falsely claiming the United States is the “only Country in the World STUPID enough to allow “Birthright” Citizenship!”

Fact-check:  The United States is one of more than 30 countries that confer citizenship at birth with no conditions, according to the Library of Congress.

A ruling is expected by the end of June.

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