The Supreme Court convened on Wednesday, April 1, 2026, to hear arguments regarding President Donald Trump’s bid to limit birthright citizenship. This case represents another challenge to Trump’s assertions of executive power and interpretations of existing law.

A Landmark Case and Presidential Presence

President Trump plans to attend Wednesday’s Supreme Court hearing, making him the first sitting president to do so during oral arguments. The case stems from Trump’s appeal of a lower-court ruling from New Hampshire that blocked his efforts to restrict citizenship.

The Core of the Dispute

The central question before the justices is whether President Trump can deny citizenship to children born in the United States to parents who are in the country illegally or on a temporary basis. The Trump administration argues that children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship.

Constitutional Basis and Legal Precedent

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

Lower Court Rulings

A series of lower courts have already struck down the executive order as unconstitutional or likely so, citing the 1898 Supreme Court ruling in Wong Kim Ark, which established that the U.S.-born child of Chinese nationals was a citizen. Solicitor General D. John Sauer argues the court should correct “long-enduring misconceptions about the Constitution’s meaning.”

Arguments Against the Restriction

Opponents of the restriction, including Cecillia Wang, legal director of the American Civil Liberties Union, argue that President Trump is attempting a “radical reinterpretation” of American citizenship. They emphasize that over 250,000 births annually could be affected by the order, impacting not only those in the country illegally but also legal residents like students and green card applicants.

Trump's Public Statements

President Trump preemptively addressed the court on his Truth Social platform, stating the issue isn’t about “rich people from China” but “the BABIES OF SLAVES!” He also criticized potential rulings against him, calling dissenting justices “Dumb” and “unpatriotic.” He previously expressed feeling “ashamed” of justices who ruled against him in a tariffs decision.