Chief Justice Roberts Leads 6-3 Majority in Trump v. Barbara, Ruling That 250,000 Babies Born Annually Are Citizens Under the 14th Amendment
BBC reports that the United States Supreme Court struck down President Trump’s executive order restricting birthright citizenship on June 30, ruling 6-3 in Trump v. Barbara that the order violates the 14th Amendment of the Constitution, in a landmark decision that protects the citizenship of an estimated 250,000 babies born in the United States each year.
Chief Justice Roberts Wrote That Children Born to Parents Unlawfully or Temporarily Present in the US Are Still ‘Citizens at Birth’ Under the Constitution
Chief Justice John Roberts, writing for the majority, held that children born to parents unlawfully or temporarily present are “subject to the jurisdiction” of the United States and are citizens at birth under the 14th Amendment’s Citizenship Clause. Justices Sotomayor, Kagan, Barrett, and Jackson joined the majority opinion. Justice Kavanaugh concurred separately, saying the order violated federal law rather than the Constitution — a distinction that could give Congress a legislative pathway to restrict birthright citizenship without a constitutional amendment. Justices Thomas, Alito, and Gorsuch dissented.
Trump Called the Ruling ‘Too Bad for Our Country’ and Urged Congress to Restrict Birthright Citizenship Through Legislation With His Full Support
Trump responded on Truth Social: “The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President.” This is the second major Trump initiative struck down by the Supreme Court this term, following February’s ruling against his emergency tariffs.
The ruling means the 14th Amendment continues to bestow birthright citizenship on almost anyone born in the United States. No constitutional amendment, which requires two-thirds of Congress and ratification by 38 states, has been proposed.
Read our previous articles on US related policy, business and technology news here.
