{"id":4517,"date":"2026-07-01T11:05:05","date_gmt":"2026-07-01T11:05:05","guid":{"rendered":"https:\/\/relocationtimess.com\/?p=4517"},"modified":"2026-07-01T11:05:05","modified_gmt":"2026-07-01T11:05:05","slug":"trumps-audacious-bid-to-end-birthright-citizenship-was-not-an-entire-loss-at-the-supreme-court","status":"publish","type":"post","link":"https:\/\/relocationtimess.com\/?p=4517","title":{"rendered":"Trump\u2019s audacious bid to end birthright citizenship was not an entire loss at the Supreme Court"},"content":{"rendered":"
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\n When President Donald Trump used his black Sharpie on his first day back in office to sign an executive order in January 2025 limiting birthright citizenship, he said, \u201cThis is a big one.\u201d\n <\/p>

Read more What older adults need to know before taking a GLP-1 medication to lose weight<\/a><\/p>\n

\n It was an audacious gambit.\n <\/p>\n

\nAnd in the most essential way, it failed. The Supreme Court by a 6-3 vote rejected his attempt to end the guarantee that all children born on US soil are citizens, regardless of their parents\u2019 immigration status.\n <\/p>\n

\n The reaffirmed a centuries-old understanding of automatic citizenship, buttressed by the 14th Amendment, that dictates \u201cAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.\u201d\n <\/p>\n

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\nDemonstrators rally in support of birthright citizenship outside the US Supreme Court as President Donald Trump attends oral arguments in Washington, DC on April 1, 2026. President Donald Trump is watching in person as the US Supreme Court hears a landmark case weighing the constitutionality of his contentious bid to end birthright citizenship, an extraordinary and possibly unprecedented move for the nation’s highest office. (Photo by Kent Nishimura \/ AFP via Getty Images)<\/span>\n<\/div>\n
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\nTakeaways from the Supreme Court\u2019s rebuke of Trump on birthright citizenship<\/span>\n<\/p>\n

8 min read<\/div>\n<\/div>\n<\/section>\n<\/div>\n

\n But the overall Trump effort \u2013 as radical as it was \u2013 made surprising headway in both the court and public spheres.\n <\/p>\n

\n The administration gained some mainstream support, including the backing of 25 states and a significant number of members of Congress, for an idea that had long been considered fringe at best. More importantly for the future, while three justices outright dissented, a fourth (Brett Kavanaugh), joined dissenters in finding no 14th Amendment violation. (Kavanaugh signed onto the majority decision blocking Trump\u2019s executive order but based his view on a violation of immigration statutes dating to 1940 and 1952.)\n <\/p>\n

\n Kavanaugh suggested that Trump might accomplish his goal through new federal legislation.\n <\/p>\n

\n \u201cCongress could \u2013 consistent with the Fourteenth Amendment \u2013 amend (the relevant federal laws) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country.\u201d\n <\/p>\n

\n That concept emboldened Trump and Republican allies Tuesday. The president said in a Truth Social post shortly after the decision in Trump v. Barbara was issued: \u201cThe Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process. No long and unwieldy Constitutional Amendment is necessary!\u201d\n <\/p>\n

\nTrump is wrong that any legislation could override the US constitutional guarantee \u2013 at least with this current court. A five-justice majority, led by Chief Justice John Roberts, said the Constitution safeguarded birthright citizenship. He was joined by fellow conservative Amy Coney Barrett and liberals Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.\n <\/p>\n

\n In his taut and forceful opinion, Roberts suggested there was no turning back. He grounded birthright deeply in the English common law, America\u2019s origins and the Fourteenth Amendment\u2019s Reconstruction-era history.\n <\/p>\n

\n \u201cCitizenship, then and now, was the right to have rights \u2013 to freely participate in our political community,\u201d Roberts wrote. \u201cThe Framers of the Fourteenth Amendment extended that promise to \u2018every free-born person in this land.\u2019 We keep that promise today.\u201d\n <\/p>\n

\n Vice President JD Vance spoke of a \u201csilver lining\u201d on Fox News on Wednesday. Kavanaugh\u2019s vote with the other dissenters \u201cmeans that the concept of birthright citizenship, which is an absurdity to the 14th Amendment, that concept is hanging by a thread.\u201d\n <\/p>\n

\n The birthright citizenship controversy further served Trump by what it produced in a separate Supreme Court decision last year. When the dispute over his Inauguration Day order first reached the justices, they used the case to the power of lower court judges to block contested presidential initiatives nationwide.\n <\/p>\n

\n The decision marked a crucial early win for Trump in his second presidency. Lower court judges had been imposing such universal injunctions against the government to prevent Trump\u2019s controversial policies from being enforced across the country.\n <\/p>\n

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Speaker Mike Johnson reacts as reporter reads birthright citizenship opinion to him live\n <\/div>\n
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Speaker Mike Johnson reacts as reporter reads birthright citizenship opinion to him live<\/div>\n<\/div>\n
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\n Centerpiece of Trump\u2019s agenda\n<\/h2>\n

\n Tuesday\u2019s majority and dissenting decisions, covering 189 pages, guarantee the reverberations of Trump\u2019s executive order will continue.\n <\/p>\n

\n \u201cThis ruling is not going to end the debate,\u201d said appellate litigator Charles Cooper, who represented Sen. Eric Schmitt of Missouri and Rep. Chip Roy of Texas, two of the Republican members of Congress who sided with the Trump administration. \u201cIf the case has done nothing else, it has brought a bright light of illumination on some of the serious costs of birthright citizenship.\u201d\n <\/p>\n

\n Justice Samuel Alito, in his dissenting statement, opened with the problem of \u201cbirth tourists, women who come here solely for the purpose of giving birth to a child and then promptly return home.\u201d Alito asserted that Tuesday\u2019s decision would preserve \u201ca powerful incentive to enter or remain in this country illegally.\u201d\n <\/p>

Read more How a new super PAC formed to counter AIPAC is fueling democratic socialists\u2019 wins<\/a><\/p>\n

\n (The case also galvanized those ready to defend birthright citizenship. Two-thirds of the more than 60 \u201cfriend of the court\u201d filings in the case sided with the immigrant-rights groups against Trump.)\n <\/p>\n

\n Trump had made this executive order the centerpiece of his anti-immigration agenda. The Roberts Court has upheld many other initiatives, including just last week, the Trump administration\u2019s decision to end humanitarian relief known as \u201ctemporary protected status\u201d for Haitian, Syrian and other migrants whose home countries are torn by military strife or earthquakes and other natural disasters.\n <\/p>\n

\n But the effort to curtail birthright citizenship seemed particularly personal to Trump, who had taken the dramatic step of attending the Supreme Court oral arguments on April 1.\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 Immigrants and their advocates who sued argued that the order denying citizenship to babies born to mothers in the US unlawfully or only on a temporary visa violated the 14th Amendment and federal statutes that mirrored its language.\n <\/p>\n

\n \u201cThe Fourteenth Amendment\u2019s fixed bright-line rule has contributed to the growth and thriving of our nation,\u201d the ACLU\u2019s Cecillia Wang, representing the challengers, had told the justices during oral arguments. \u201cIt comes from text and history. It is workable, and it prevents manipulation. The Executive Order fails on all those counts. Swaths of American laws would be rendered senseless, thousands of American babies will immediately lose their citizenship, and if you credit the government\u2019s theory, the citizenship of millions of Americans, past, present, and future, could be called into question.\u201d\n <\/p>\n

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Birthright Citizen Cecilia Wang & ACLU React To Supreme Court Ruling\n <\/div>\n
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Birthright Citizen Cecilia Wang & ACLU React To Supreme Court Ruling<\/div>\n<\/div>\n
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\n Question of \u2018domicile\u2019\n<\/h2>\n

\n Trump\u2019s lawyers latched onto the 14th Amendment\u2019s \u201csubject to the jurisdiction\u201d phrase. US Solicitor General D. John Sauer said it required that a person be \u201cdomiciled\u201d in the United States, to establish a direct allegiance to the country.\n <\/p>\n

\n \u201cThe Citizenship Clause was adopted just after the Civil War to grant citizenship to the newly freed slaves and their children, whose allegiance to the United States had been established by generations of domicile here,\u201d Sauer argued. \u201cIt did not grant citizenship to the children of temporary visitors or illegal aliens, who have no such allegiance.\u201d\n <\/p>\n

\n But the Roberts majority concluded that Congress never considered making an individual\u2019s domicile a condition of birthright citizenship.\n <\/p>\n

\n \u201cIf Congress intended to hinge citizenship on each individual\u2019s domicile \u2026 it is reasonable to expect there would have been at least some<\/em> discussion of the topic,\u201d Roberts wrote, adding that the word \u201cdomicile\u201d barely appeared in the relevant discussion and debate over the Citizenship Clause.\n <\/p>\n

\n When Roberts announced the decision from the elevated bench on Tuesday, he presented it in a steady matter-of-fact tone, as if the outcome was easy and wholly predicable. And after a relatively swift seven minutes laying out the judgment, he concluded, \u201cWe break no new ground here.\u201d\n <\/p>\n

\n His written opinion was similarly tight at 26 pages.\n <\/p>\n

\n Yet the passion of the dissenters, which was already fueling Trump administration moves, could not be denied.\n <\/p>\n

\n In his , Thomas expressed the harshest assessment of the majority\u2019s decision, as he echoed the Trump administration\u2019s insistence that the 14th Amendment enacted after the Civil War specifically guaranteed citizenship for former slaves and their children.\n <\/p>\n

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\nA pediment of the U.S. Supreme Court, on the day justices have issued orders, in Washington, D.C., U.S., June 29, 2026. REUTERS\/Cheney Orr<\/span>\n<\/div>\n
Cheney Orr\/Reuters<\/figcaption>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n
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\nSupreme Court upholds transgender sports bans: What to know and what\u2019s next<\/span>\n<\/p>\n

9 min read<\/div>\n<\/div>\n<\/section>\n<\/div>\n

\n \u201c(T)he Court adds to the sad history of the Fourteenth Amendment, which was designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support.\u201d\n <\/p>\n

\n As Thomas concluded his opinion, he quoted from Justice John Marshall Harlan\u2019s dissent from the 1896 Plessy v. Ferguson case that upheld racial segregation on trains and other public facilities.\n <\/p>\n

\n \u201cThe Citizenship Clause \u2018added greatly to the dignity and glory of American citizenship,\u2019\u201d Thomas wrote, \u201cToday\u2019s opinion devalues that citizenship.\u201d\n <\/p>\n

\n And Thomas wrote, in a sentiment that Trump would no doubt embrace: \u201cI am not sure that today\u2019s opinion will stand the test of time.\u201d\n <\/p>

Read more Crowd size gripes, state fair troubles: The problems of an America 250 celebration tied to Trump<\/a><\/p>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

The overall Trump effort \u2013 as radical as it was \u2013 made surprising headway in both the court and public spheres.<\/p>\n","protected":false},"author":1,"featured_media":4506,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-4517","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics"],"yoast_head":"\nTrump\u2019s audacious bid to end birthright citizenship was not an entire loss at the Supreme Court - 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=4517\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Trump\u2019s audacious bid to end birthright citizenship was not an entire loss at the Supreme Court - 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