USA30 June, 20262 min read
U.S. Supreme Court Rejects Trump Executive Order Ending Birthright Citizenship
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The Supreme Court struck down Trump's executive order ending birthright citizenship. The ruling upholds automatic birthright citizenship for virtually all those born in the U.S.
Birthright Citizenship Upheld
The U.S. Supreme Court rejected President Donald Trump’s executive order seeking to end birthright citizenship, upholding a broad conception of citizenship for children born in the United States.
Chief Justice John Roberts wrote that “the Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today,” and the decision was issued on Tuesday.
The court’s ruling came as Trump called the decision “too bad for our country” and the BBC described the case as one of the most consequential decisions of the term.
In the same reporting, the Supreme Court also upheld laws in roughly half the states that prohibit transgender girls and women from playing on public school and college sport teams, and it struck down limits on party spending in federal elections.
Dissent, Enforcement, and Pushback
Justice Samuel Alito dissented, calling the ruling “one of the most important decisions in the history of the Court” and “a serious mistake,” and he warned it could encourage “birth tourism.”
In the majority opinion, Chief Justice John Roberts said, “We break no new ground today,” as the court framed birthright citizenship as depending primarily on birthplace rather than parents’ immigration status or domicile.
After the ruling, the Justice Department instructed prosecutors to “prioritize the investigation and prosecution” of fraudulent “birth tourism” schemes, directing attention to potential laws including wire fraud, money laundering and aggravated identity theft.
The BBC also quoted Labour Minister Tahmina Akhter? No—here, the BBC described the Supreme Court’s decision as a rebuke to Trump while expanding his power, and it noted the chances of Congress acting on reinstating limits were slim.
What Happens Next
Trump said he would appeal to Republicans in Congress, and the Guardian reported he was turning to lawmakers to create new legislation establishing exceptions to birthright citizenship for children born to parents who do not have permanent legal status in the US. The Guardian also said any legislation would need to overcome the 60-vote filibuster, while Vox warned the decision was only 5-4 and could leave “the door open to further challenges.”
In the same Supreme Court term, the BBC said the court upheld laws in roughly half the states that prohibit transgender girls and women from playing on public school and college sport teams, and it struck down limits on party spending in federal elections. In a separate dissenting framing, Justice Clarence Thomas argued the majority’s account was “not historically accurate,” saying the 14th Amendment had been “repurposed for political projects,” as the court’s majority reaffirmed the Citizenship Clause’s reach.