The Supreme Court is considering the constitutionality of President Donald Trump’s executive order seeking to restrict birthright citizenship. The case centers on whether children born in the U.S. to parents who are undocumented or temporarily in the country are automatically granted American citizenship.

Arguments Before the Court

On Wednesday, justices from both conservative and liberal ideologies questioned the legal basis of Trump’s order. Solicitor General D. John Sauer, representing the administration, faced numerous skeptical inquiries regarding the order’s alignment with the Constitution and existing federal law. President Trump himself attended the first hour of arguments.

Key Questions from Justices

Justice Ketanji Brown Jackson pressed Sauer on the practical implementation of the order, asking, “Is this happening in the delivery room?” This highlighted concerns about how the government would determine citizenship eligibility at the time of birth. Justice Clarence Thomas inquired about the historical context of the 14th Amendment, noting its original intent to grant citizenship to formerly enslaved Black people.

Background of the Executive Order

President Trump initially signed an executive order targeting birthright citizenship on his first day back in office. However, the order has been blocked by multiple lower courts, which have cited the Supreme Court’s 1898 ruling in Wong Kim Ark, establishing that children born in the U.S. to foreign nationals are citizens.

Legal Challenges and Precedent

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. Cecillia Wang, legal director for the American Civil Liberties Union, countered that the president is attempting a “radical reinterpretation” of American citizenship. She emphasized that no court has accepted this argument to date.

Impact and the 14th Amendment

The 14th Amendment, ratified in 1868, guarantees citizenship to “all persons born or naturalized in the United States.” The executive order, if enacted, could affect over 250,000 births annually, impacting not only those born to undocumented immigrants but also those born to individuals legally present in the U.S., such as students and green card applicants.

Trump's Previous Reactions

This case marks the first Trump immigration-related policy to reach the Supreme Court for a final ruling. Previously, the court struck down Trump’s global tariffs, prompting strong criticism from the former president. He also preemptively criticized the court on his Truth Social platform, referencing the historical context of the 14th Amendment and its connection to the citizenship of formerly enslaved people.