The Supreme Court convened on Wednesday, April 1, 2026, to hear arguments concerning President Donald Trump’s efforts to restrict birthright citizenship. This case represents another significant challenge to the scope of presidential authority.

Trump Attends Oral Arguments

President Trump made history by becoming the first sitting president to attend oral arguments at the nation’s highest court. His motorcade traveled along Constitution and Independence Avenues, passing landmarks like the Washington Monument and the National Mall en route to the court building. Crowds gathered to observe the presidential visit.

The Core of the Dispute

The central question before the court is whether children born to parents who are in the United States illegally or temporarily should be considered American citizens. President Trump asserts they should not be. This stance challenges the long-held interpretation of the 14th Amendment.

Historical Context of the 14th Amendment

The 14th Amendment, ratified in 1868, and subsequent federal law since 1940, have historically conferred citizenship on all individuals born on American soil, with limited exceptions for children of foreign diplomats or those born to occupying forces. The amendment was originally intended to ensure citizenship for formerly enslaved Black people.

Legal Challenges and Arguments

Lower courts have consistently struck down the executive order attempting to limit birthright citizenship, citing its unconstitutionality. The Trump administration argues that children of non-citizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship. Solicitor General D. John Sauer urged the court to correct what he called “long-enduring misconceptions” about the Constitution.

ACLU's Opposition

Cecillia Wang, legal director of the American Civil Liberties Union, argued against the administration’s position, stating, “We have the president of the United States trying to radically reinterpret the definition of American citizenship.” Lawyers representing affected pregnant women also oppose the order.

Potential Impact and Timeline

Research from the Migration Policy Institute and Pennsylvania State University’s Population Research Institute indicates that over 250,000 births annually could be affected by the executive order. The restrictions would apply not only to those in the country illegally but also to individuals legally present, such as students and green card applicants.

A ruling from the Supreme Court is anticipated by early summer. President Trump previously expressed strong criticism of the justices after unfavorable rulings, including calling them “unpatriotic” and “dumb.” He also preemptively addressed the case on his Truth Social platform, referencing the historical context of the 14th Amendment and its connection to “the BABIES OF SLAVES!”