Supreme Court Deals Trump Stunning Blow on Birthright Citizenship
The high court struck down Donald Trump’s executive order overturning birthright citizenship.

The Supreme Court has tossed another one of the president’s efforts to kill birthright citizenship.
In a 6-3 decision filed Tuesday, the court ruled in favor of the 1868 constitutional clause, which entitles any person born on U.S. soil to an American passport, further safeguarding the protections of the Fourteenth Amendment from the Trump administration.
Chief Justice John Roberts delivered the majority opinion, writing that “citizenship, then and now, was the right to have rights—to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented. Justice Brett Kavanaugh voted with the majority but wrote a dissenting opinion disagreeing in part with the court’s ruling.
Altogether, two Donald Trump appointees—Kavanaugh and Amy Coney Barrett—ruled against the executive order, marking the third such time in recent memory that the president’s Supreme Court appointments have turned against him.
Trump has tried and failed multiple times over the last year and a half to strip the constitutionally enshrined right. Mere hours after he was sworn into office, Trump signed an executive order stating that children born to immigrants on temporary visas or who are in the country illegally are not entitled to birthright status. That order was blocked by several judges in different court circuits over the last year.
In December, the nation’s highest judiciary agreed to hear another one of the administration’s birthright challenges, this time pertaining to a case out of New Hampshire. The executive branch argued in the case that language included in the Fourteenth Amendment—specifically, “subject to the jurisdiction of”—required applicable children not only to be present in the country at the time of the birth, but also to confer their allegiance to the United States.
The argument appeared thin at best, considering the administration did not clarify how it expected people who had just been born to declare their allegiance.
Solicitor General D. John Sauer wrote in legal arguments filed at the time that the naturalized citizenship pathway had become “pervasive” with “destructive consequences.”
During arguments in May 2025, justices on both ideological sides of the court flamed the Trump administration’s efforts to rewrite birthright citizenship through America’s courts, questioning why the government’s attorneys would even bring the case to the judiciary’s doorstep when “every court has ruled against” the administration on birthright citizenship.
At the time, Kavanaugh pressed Sauer into a corner, forcing the solicitor general to admit that the Trump administration doesn’t even know how it would enforce its birthright citizenship order. Sauer managed to appall Barrett by arguing that Trump has the “right” to disregard legal opinions that he doesn’t personally agree with.
In Tuesday’s case syllabus, the Supreme Court noted, “If 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; words appearing frequently in the Executive Order—‘mother,’ ‘father,’ ‘lawful,’ ‘temporary’—are absent from the Clause.”
This story has been updated.



