USA · 06 July, 2026 · 2 min read
Mike Johnson Says Congress Must Act After Supreme Court Strikes Trump Birthright Order
Supreme Court upholds birthright citizenship, rejects Trump's executive order. Court's ruling relies on long-established Fourteenth Amendment interpretation.
Competing interpretations of what the ruling means for policy change.
8 of 10 outlets skipped it: congress debate may hinge on needing constitutional amendments.
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Seattle Times and MS NOW frame the Court as ideological or unsurprising; Newsweek stresses legislative pivot.
SCOTUS defeat sparks push
House Speaker Mike Johnson said Sunday that Congress must take up the legislative fight over birthright citizenship after the Supreme Court struck down an executive order by President Donald Trump that sought to restrict the practice.
Johnson, a Louisiana Republican, argued that lawmakers should act after the high court's 6-3 decision preserved automatic citizenship for children born on U.S. soil, regardless of their parents' immigration status.
Speaking on Fox News Sunday, Johnson claimed the current system is being abused through "birthright tourism" and suggested the House would move quickly if a legislative path is viable.
The Supreme Court ruling in Trump v. Barbara reaffirmed that children born in the United States "are citizens at birth," with Chief Justice John Roberts writing that the framers extended citizenship to "every free-born person in this land."
Thomas dissent becomes roadmap
Johnson told host Shannon Bream on "Fox News Sunday" that Justice Clarence Thomas explained that the 14th Amendment "was to enhance and really value citizenship," adding that "it’s been devalued because of birthright tourism." In the same interview, Johnson paraphrased Thomas’s dissent: "I am not sure that today’s opinion will stand the test of time," and he quoted Thomas’s line that "Today’s opinion devalues that citizenship."
Trump, meanwhile, urged lawmakers on social media to "start TODAY" on legislation to end the practice, writing on Truth Social that "No long and unwieldy Constitutional Amendment is necessary!" The Hill described Johnson’s comments as a pivot after the Supreme Court’s recent decision, while also noting that the majority said it would require an amendment to the Constitution.
Congress, courts, and stakes
Johnson said if there is a bill that can "fix" the amendment, Congress will "advance that immediately," but he acknowledged that a constitutional amendment would be more difficult and time-consuming.
“‘If there is a bill that can ‘fix’ the amendment, Congress will ‘advance that immediately.’”
Sen. Eric Schmitt of Missouri argued after the ruling that legislation alone cannot resolve the issue and announced plans to pursue a constitutional amendment, saying "Ordinary legislation cannot repair the damage" and that "A constitutional amendment is now required."
The Seattle Times framed the stakes around the narrowness of the Supreme Court’s outcome, noting the vote was 5 to 4 and that Chief Justice John Roberts wrote the majority opinion joined by Justice Amy Coney Barrett and the court’s three liberal justices: Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.S
In a separate framing of consequences, USA Today’s opinion piece said the citizenship clause alone does not solve what it described as the risk of an underclass, and it cited that "Nearly 10% of U.S. births" are to undocumented or temporary legal immigrants.