Donald Trump made history Wednesday by attending oral arguments at the Supreme Court, as justices heard his appeal concerning restrictions on birthright citizenship. This marks the first time a sitting president has been present for arguments at the nation’s highest court.

The Case and Its Origins

The case stems from a lower-court ruling in New Hampshire that struck down Trump’s citizenship restrictions. The core of the dispute centers on whether children born in the United States to parents who are in the country illegally or on temporary visas are automatically American citizens.

Trump’s Argument and the 14th Amendment

The Trump administration argues that the current interpretation of the 14th Amendment is incorrect. They contend 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’s meaning.”

The 14th Amendment, ratified in 1868, states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” It was originally intended to ensure citizenship for formerly enslaved Black people, though its language is broader.

Previous Rulings and Legal Challenges

A series of lower courts have already ruled against the executive order, deeming it unconstitutional or likely so, citing the 1898 Supreme Court ruling in Wong Kim Ark, which established that a child born in the U.S. to Chinese nationals was a citizen.

Impact and Concerns

According to research by the Migration Policy Institute and Pennsylvania State University’s Population Research Institute, over one-quarter of a million babies born in the U.S. each year could be affected by the executive order. The restrictions would apply not only to those entering the country illegally but also to individuals legally present, such as students and green card applicants.

Trump’s Preemptive Statements

Prior to the hearing, Trump preemptively criticized the court on his Truth Social platform, stating the issue wasn’t about “rich people from China” but “the BABIES OF SLAVES!” He also expressed frustration after a recent tariffs decision, calling the justices who ruled against him “ashamed” and “unpatriotic.”

Legal Opposition

Cecillia Wang, legal director of the American Civil Liberties Union, argued that “we have the president of the United States trying to radically reinterpret the definition of American citizenship.” Lawyers representing pregnant women potentially affected by the order emphasized that the Supreme Court should not be the first to adopt this new interpretation.