Supreme Court to Hear Trump’s Birthright Citizenship Case in Landmark Showdown
In a stunning legal development, the U.S. Supreme Court will hear arguments on May 15 in a high-stakes case involving former President Donald Trump’s controversial bid to end birthright citizenship—a challenge that could redefine the long-standing interpretation of the 14th Amendment.
While the justices declined to immediately enforce Trump’s plan, their agreement to take up the case marks a historic moment. At its core is Trump’s attempt to bar children born in the U.S. to undocumented immigrants from automatically becoming citizens—a practice rooted in over a century of legal precedent.
A Policy Called “Blatantly Unconstitutional”
The move stems from an executive order Trump signed on his first day back in office, effectively instructing federal agencies not to recognize citizenship for those born on U.S. soil to non-citizen parents. Multiple lower courts quickly blocked the order, with judges from Washington, Maryland, and Massachusetts issuing nationwide injunctions.
U.S. District Judge John Coughenour in Seattle, a Reagan appointee, called the order “blatantly unconstitutional,” referencing the landmark 1898 case United States v. Wong Kim Ark, which upheld birthright citizenship. Other federal judges echoed the sentiment, saying the order contradicted over 125 years of settled law.
Despite those rulings, the Trump administration appealed all three cases to the Supreme Court, arguing that lower courts exceeded their authority by issuing nationwide injunctions—a procedural concern that has drawn criticism from presidents of both parties in the past.
A “Modest” Request with Monumental Consequences
Rather than directly asking the court to overturn birthright citizenship, the administration framed its appeal as a “modest” procedural request to scale back the injunctions’ scope. However, legal experts warn this is a backdoor attempt to greenlight a sweeping policy without directly confronting its constitutionality.
“This is a huge deal,” said Steve Vladeck, constitutional law professor at Georgetown. “It would be extraordinary for the court to allow a policy that nearly everyone agrees is unconstitutional to take effect just by narrowing the lower courts’ orders.”
The 14th Amendment Under the Microscope
At the heart of the dispute is the 14th Amendment, which guarantees citizenship to anyone “born or naturalized in the United States.” Conservatives pushing Trump’s policy argue that the phrase “subject to the jurisdiction thereof” excludes children born to undocumented immigrants—a view mainstream courts have long rejected.
But with the current conservative makeup of the court, some fear a reevaluation of longstanding constitutional interpretations, similar to the court’s reversal of Roe v. Wade in 2022.
What’s Next?
The Supreme Court has set oral arguments for May 15, signaling a pivotal moment in the nation’s immigration and constitutional history. A ruling in favor of the administration could transform the scope of executive power and redefine American citizenship for millions.
While the court did not explain why it agreed to hear the case, the outcome could impact future presidential authority, judicial restraint, and the lives of U.S.-born children of immigrants.