Supreme Court Strikes Down Trump Birthright Citizenship Order in 5-4 Split, Roberts and Barrett Join Liberals

High Court Hands Trump a Narrow Defeat

The U.S. Supreme Court on Tuesday struck down President Trump’s executive order on birthright citizenship in a 5-4 decision, giving conservatives a fresh reminder that even a court with a strong right-leaning bench can still find a surprise or two. Chief Justice John Roberts wrote the majority opinion, and he was joined by Justices Amy Coney Barrett, Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson. In plain English, that means the Court said children born in the United States to parents unlawfully or temporarily present are still “subject to the jurisdiction” of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause.

What Trump’s Order Tried to Change

Trump’s order argued that the left had twisted the 14th Amendment into a free pass for “anchor babies,” and it told federal agencies not to issue or accept documents recognizing citizenship for certain children born to noncitizens. Specifically, it targeted cases where the mother was unlawfully present and the father was not a U.S. citizen or lawful permanent resident, or where the mother was in the country lawfully but only temporarily and the father also lacked citizenship or permanent status. Trump’s team argued the 14th Amendment has never meant automatic citizenship for everyone born on U.S. soil, and that the phrase “subject to the jurisdiction thereof” has always excluded some births. That is the kind of constitutional fight Washington loves, because apparently reading the same words and reaching opposite conclusions is now a national pastime.

Legal Fight Is Not Over Yet

The decision follows a string of federal judges who had already blocked Trump’s order, and the issue is almost certain to keep bouncing through the courts. Trump asked the Supreme Court in September to end birthright citizenship, so this ruling is a major setback for his effort to change how the government treats children born to illegal immigrants and some temporary visitors. For now, the Court has made its position clear enough for everyone in Washington to argue about it, which means the lawyers win another round and the rest of the country gets more legal fireworks.

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