{"id":4458,"date":"2026-06-30T20:37:33","date_gmt":"2026-06-30T20:37:33","guid":{"rendered":"https:\/\/relocationtimess.com\/?p=4458"},"modified":"2026-06-30T20:37:33","modified_gmt":"2026-06-30T20:37:33","slug":"takeaways-from-the-supreme-courts-rebuke-of-trump-on-birthright-citizenship","status":"publish","type":"post","link":"https:\/\/relocationtimess.com\/?p=4458","title":{"rendered":"Takeaways from the Supreme Court\u2019s rebuke of Trump on birthright citizenship"},"content":{"rendered":"
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\n The conservative Supreme Court dealt a significant blow to President Donald Trump\u2019s immigration agenda Tuesday, ruling that his administration could not use an executive order to end birthright citizenship for hundreds of thousands of babies born on US soil every year.\n <\/p>

Read more NASA makes moves to dodge costly delays on its path to build a $30 billion moon base<\/a><\/p>\n

\nThough not unexpected, the decision is a huge loss for a president who ran for a second White House term in part on ending \u201cbirth tourism\u201d and whose administration has been defined by a push to crackdown on illegal and legal immigration. And yet, the decision was not as fulsome a rejection of Trump\u2019s effort as had been widely predicted.\n <\/p>\n

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\nDemonstrators hold placards referencing the Fourteenth Amendment to the U.S. Constitution near the U.S. Capitol and the U.S. Supreme Court building as the court hears oral arguments on the legality of the Trump administration’s effort to limit birthright citizenship for the children of immigrants, in Washington, D.C., U.S., April 1, 2026. REUTERS\/Kylie Cooper<\/span>\n<\/div>\n
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\nSupreme Court upholds birthright citizenship<\/span>\n<\/p>\n<\/div>\n<\/section>\n<\/div>\n

\n Several conservatives broke from the majority \u2014 a division that Trump has already sought to exploit.\n <\/p>\n

\n The was arguably the most anticipated of a Trump-heavy Supreme Court term in which the president has suffered a number of high-profile losses, including on tariffs and independence at the Federal Reserve \u2014 but also a number of notable wins.\n <\/p>\n

\n Here are the key takeaways from the court\u2019s historic decision on birthright citizenship.\n <\/p>\n

\n Roberts: The language is clear\n<\/h2>\n

\n In something of a trademark maneuver, Chief Justice John Roberts pared down a complicated legal issue that has roiled Washington for more than a year into a relatively straightforward, 26-page opinion.\n <\/p>\n

\n Full of references to history \u2014 another classic Roberts approach \u2014 the chief said that the text of the 14th Amendment simply didn\u2019t support the idea that the framers intended to limit birthright citizenship to citizens or people who intended to live in the country permanently.\n <\/p>\n

\n \u201cIf Congress intended to limit American citizenship to the children of those domiciled in the United States, nothing in the succinct language of the citizenship clause conveyed that design,\u201d the chief justice wrote. \u201cWords appearing frequently in the executive order \u2014 \u2018mother,\u2019 \u2018father,\u2019 \u2018lawful,\u2019 \u2018temporary\u2019 \u2014 are absent from the clause. For a simple reason: they did not matter.\u201d\n <\/p>\n

\n In that sense, Roberts\u2019 reasoning tracked with what conservative justices often say is their approach to the law: reading the words on the page, rather than trying to glean intent that can be open to interpretation.\n <\/p>\n

\n Roberts also leaned heavily on a landmark 1898 decision from the Supreme Court, US v. Wong Kim Ark, in which the justices then read the 14th Amendment to grant citizenship to the son of Chinese nationals.\n <\/p>\n

\n \u201cWhat the Court held in Wong Kim Ark was simple: the Citizenship Clause incorporated the common law and granted citizenship to nearly all children born in the United States,\u201d Roberts wrote. \u201cNot surprisingly, then, in the 128 years since, we have repeatedly understood the rule of Wong Kim Ark to guarantee citizenship to all children born in the United States and subject to its power. We see no reason to depart from that view today.\u201d\n <\/p>\n

\n Conservative fury\n<\/h2>\n

\n If Roberts was hoping to send a message with a mostly united court, he didn\u2019t get to do so.\n <\/p>\n

\n In the end, only one other conservative justice \u2014 Amy Coney Barrett \u2014 joined his opinion in full. They were joined by the court\u2019s three liberals, Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.\n <\/p>\n

\n The three conservative justices who dissented from the court\u2019s ruling together wrote more than 130 pages to express their frustration with the majority.\n <\/p>\n

\n Justice Samuel Alito, one of the court\u2019s most senior conservatives, got right to the point as he opened his solo dissent: \u201cThis is one of the most important decisions in the history of the court, and in my judgment, the court has made a serious mistake.\u201d\n <\/p>\n

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\nThis courtroom sketch shows US Solicitor General D. John Sauer and President Donald Trump during oral arguments over Trump\u2019s executive order that attempts to end automatic birthright citizenship at the US Supreme Court in Washington, DC, on Wednesday, April 1, 2026.<\/span>\n<\/div>\n
Dana Verkouteren<\/figcaption>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

\n He went on to argue that the 14th Amendment does not extend the guarantee of citizenship to anyone merely born on American soil and that his colleagues\u2019 decision \u201cpreserves a powerful incentive\u201d for noncitizens to enter and stay in the US unlawfully.\n <\/p>\n

\n Justice Clarence Thomas, in a joined only by Gorsuch, also skewered the court\u2019s majority over its decision, writing that it effectively \u201cdevalues\u201d citizenship as it was understood by the framers of the 14th Amendment.\n <\/p>\n

\n \u201cI am not sure that today\u2019s opinion will stand the test of time,\u201d he wrote.\n <\/p>\n

\n Thomas wrote that the majority had \u201crepurposed the Fourteenth Amendment to protect its own set of preferred rights\u201d and that its decision could not be squared with the text of the amendment, which he believed was solely intended to ensure former slaves and their children would have citizenship.\n <\/p>\n

\n But it was that point that drew strong pushback from Justice Ketanji Brown Jackson, who criticized Thomas over what she saw as a notable shift in his usual \u201clongstanding endorsement of a \u2018colorblind\u2019 Constitution.\u201d The embrace of a colorblind Constitution has been a central theme of the current conservative majority, and it has influenced decision after decision.\n <\/p>\n

\n Jackson contended that it was Thomas who had \u201crepurposed\u201d the 14th Amendment, writing that his view, that of the Trump administration and a \u201chandful of revisionist commentators\u201d offered an \u201calternative account\u201d that \u201cpitches Black Americans against immigrants when the advocates who promoted the Fourteenth Amendment did no such thing.\u201d\n <\/p>

Read more Speaker Johnson loses key vote as House GOP leaders struggle to contain rebellion<\/a><\/p>\n

\n Kavanaugh would leave a door open\n<\/h2>\n

\n In practical terms, the decision was a loss for Trump. But the unusual split among conservatives suggested that the case was much closer than many had predicted it would be.\n <\/p>\n

\n Justice Brett Kavanaugh was key to that split.\n <\/p>\n

\n Trump\u2019s second nominee to the high court filed an opinion that agreed with the outcome but disagreed that the Constitution barred Trump\u2019s order. Instead, Kavanaugh would have let Trump lose on a federal law enacted in 1952.\n <\/p>\n

\n That law has identical language to the 14th Amendment, but it was enacted with a general understanding by lawmakers at that time that anyone born on US soil was a citizen. Kavanaugh would have concluded that the framers of the 14th Amendment had a different understanding of the same language than members of Congress did nearly a century later.\n <\/p>\n

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\nThe U.S. Supreme Court on June 29, 2026.<\/span>\n<\/div>\n
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\n Under Kavanaugh\u2019s approach, this president \u2014 or a future one \u2014 could try to convince Congress to limit birthright citizenship by passing a law.\n <\/p>\n

\n \u201cIn my view, the executive order does not violate the Fourteenth Amendment,\u201d Kavanaugh wrote in his partial dissent.\n <\/p>\n

\n Congress could, Kavanaugh wrote, try to \u201cenact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country.\u201d\n <\/p>\n

\n Kavanaugh\u2019s partial dissent was not joined by any other justice.\n <\/p>\n

\n Roberts goes big\n<\/h2>\n

\n Trump reacted to the decision by suggesting that Congress could pass a law to end birthright citizenship. But the president \u2014 or his attorneys \u2014 may have been reading a different decision than the one the court actually issued.\n <\/p>\n

\n The court\u2019s opinion was clear: Children born in the country, even to parents here illegally, are citizens under the 14th Amendment.\n <\/p>\n

\n \u201cThose children are thus subject to the jurisdiction of the United States,\u201d Roberts said of children born to people in the country unlawfully or temporarily. \u201cThey satisfy both elements of the citizenship clause: they are \u2018born \u2026 in the United States\u2019 and \u2018subject to the jurisdiction thereof.\u2019\u201d\n <\/p>\n

\n \u201cUnder the Constitution,\u201d Roberts wrote, \u201cthey are citizens at birth.\u201d\n <\/p>\n

\n The constitutional fight centered around the meaning of the 14th Amendment\u2019s citizenship clause, which states that \u201call persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.\u201d Trump\u2019s attorneys trained their focus on the second part of that clause: \u201csubject to the jurisdiction thereof.\u201d That line, they argued, excludes many immigrants in the country illegally and legally.\n <\/p>\n

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Schiff blasts Roberts, backs court reform\n <\/div>\n
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\n Trump and his allies say the language was never intended to automatically entitle foreign nationals to citizenship for their children. When the framers included the words \u201csubject to the jurisdiction thereof,\u201d they say, that meant that birthright citizenship would be extended to people who have a \u201cdirect and immediate allegiance\u201d to the United States. One clear way to establish that allegiance, the government said, is to be \u201cdomiciled\u201d in the country and not just passing through.\n <\/p>\n

\n The majority made quick work of that argument.\n <\/p>\n

\n \u201cIf Congress intended to hinge citizenship on each individual\u2019s domicile \u2014 a question that \u2018is sometimes a matter of great difficulty to decide\u2019 \u2014 it is reasonable to expect there would have been at least some discussion of the topic,\u201d Roberts wrote. \u201cYet the word \u2018domicile\u2019 appears just twice in the discussion of the relevant provision of the Civil Rights Act. And it appears in only one speech from the Citizenship Clause debates \u2014 as part of an explanation of why state citizenship is distinct from national citizenship under the Constitution.\u201d\n <\/p>\n

\n Trump\u2019s mixed record\n<\/h2>\n

\n The birthright citizenship decision landed on the final day of a Supreme Court term \u2014 a poignant bookend in the president\u2019s fraught relationship with the judiciary since returning to power. It is notable, given the vitriol Trump has leveled against the court this year, that Roberts chose to close out the term by handing the president a huge loss on one of his top priorities.\n <\/p>\n

\n The decision came a day after the court limited Trump\u2019s power to fire a Federal Reserve governor, although that decision will give the administration plenty of room to continue its campaign against the Fed in the future. In perhaps the most significant Trump loss this year, the court in February shut down the president\u2019s ability to levy global emergency tariffs.\n <\/p>\n

\n But the president also scored plenty of significant victories \u2014 even if some of them were Trump adjacent.\n <\/p>\n

\n In the win column, the Supreme Court vastly expanded the president\u2019s power to fire the leaders of independent agencies and it allowed the administration to end temporary humanitarian relief for potentially more than a million people who have been living in the US legally to escape conflict and natural disaster in their home countries.\n <\/p>\n

\n Trump framed the Supreme Court\u2019s decision on firings as \u201cone of the most important ever given with respect to Presidential Powers.\u201d\n <\/p>\n

\n The court\u2019s other major decision Tuesday, allowing states to ban trans athletes from competing on girls\u2019 sports teams, didn\u2019t have a direct impact on the president\u2019s administration, but it was nevertheless very much in line with his agenda and rhetoric.\n <\/p>\n

\n The throughline of those decisions is that while the Supreme Court continues to move the law to the right, it is doing so in cases that align with its own agenda \u2014 not necessarily Donald Trump\u2019s.\n <\/p>

Read more Supreme Court agrees to review ban on AR-style semi-automatic rifles in major Second Amendment case<\/a><\/p>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

The conservative Supreme Court dealt a significant blow to President Donald Trump\u2019s immigration agenda Tuesday, ruling that his administration could not use an executive order to end birthright citizenship for hundreds of thousands of babies born on US soil every year.<\/p>\n","protected":false},"author":1,"featured_media":4447,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-4458","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"yoast_head":"\nTakeaways from the Supreme Court\u2019s rebuke of Trump on birthright citizenship - Relocation Times<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/relocationtimess.com\/?p=4458\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Takeaways from the Supreme Court\u2019s rebuke of Trump on birthright citizenship - 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