Historic Court Appearance
President Trump attended Supreme Court oral arguments on Wednesday regarding his executive order seeking to end birthright citizenship, marking the first time a sitting president has attended a hearing before the nation's highest court.
Questioning the Order
During the arguments, a majority of justices raised doubts about the administration's bid to narrow birthright citizenship. Chief Justice John Roberts called the government's legal reasoning "quirky." Justice Brett Kavanaugh dismissed comparisons to other countries' citizenship policies, stating, "We try to interpret American law with American precedent based on American history."
The Fourteenth Amendment
Arguments centered on the meaning of the phrase "subject to the jurisdiction thereof" in the 14th Amendment. The Trump administration argued that the phrase requires parents to be permanently and legally settled in the U.S. The American Civil Liberties Union, representing the plaintiff, argued the phrase covers virtually everyone on U.S. soil, with exceptions like diplomats and invading armies.
Trump's Reaction
After oral arguments concluded, Trump posted on Truth Social, "We are the only Country in the World STUPID enough to allow 'Birthright' Citizenship!" He also wrote on Truth Social on Monday that birthright citizenship "is about the BABIES OF SLAVES" and was never meant for immigrants, a claim historians and civil-rights groups call false and tied to white-supremacist conspiracy theories.
Broader Context
The executive order at the center of the case restricts a right rooted in the U.S. Constitution that the Supreme Court affirmed more than 125 years ago. The Supreme Court affirmed in 1898 that the amendment applies to virtually all children born on U.S. soil. A definitive ruling by the nation's highest court is expected by early summer.
