Overview
- The Court’s majority on June 30 held that the Fourteenth Amendment grants citizenship to nearly everyone born on U.S. soil, blocking a presidential effort to end birthright citizenship.
- Chief Justice Roberts wrote the opinion that rests heavily on United States v. Wong Kim Ark and affirms that an executive order cannot override the constitutional rule the Court announced.
- Justice Brett Kavanaugh concurred separately and said Congress could try to write statutes creating exceptions for children of temporary or unlawfully present visitors, though such laws would face legal challenges.
- Justices Clarence Thomas and Neil Gorsuch dissented, arguing the phrase 'subject to the jurisdiction thereof' originally meant full jurisdiction tied to domicile and primary allegiance.
- The ruling moves the dispute out of the White House and into Congress and public debate, where any statute or constitutional amendment would shape long‑term policy and prompt further court review.