Overview
- The Supreme Court rejected President Trump’s executive order and held that the Fourteenth Amendment protects nearly all children born on U.S. soil, a judgment issued by the justices in a 6–3 decision that was released Tuesday.
- Chief Justice John Roberts wrote the majority opinion grounding the ruling in the Citizenship Clause and in the 1898 precedent United States v. Wong Kim Ark.
- Justice Brett Kavanaugh joined the judgment but argued separately that the dispute should be resolved under federal statute and said Congress could amend §1401(a) or enact new law to limit birthright citizenship.
- Republican leaders quickly called for legislative change or a constitutional amendment and the Justice Department said it will shift enforcement toward investigations of birth tourism and alleged visa fraud.
- The opinion drew on historical scholarship cited by the Court and exposed a deep split on sovereignty and national security that ensures the issue will remain a heated congressional and political fight.