The influence of John Eastman, a convicted attorney associated with the "Stop the Steal" movement, is emerging as a key factor behind the Trump administration's push to end automatic birthright citizenship in the United States.

Eastman, known for his anti-immigration activism, has spent decades advocating for the legal theory that the Constitution does not automatically grant citizenship to nearly everyone born on U.S. soil, despite the clear language of the 14th Amendment.

Supreme Court Confronts Birthright Citizenship Challenge

The Supreme Court is scheduled to hear oral arguments this Wednesday regarding a case that challenges a Trump executive order aimed at curtailing birthright citizenship.

This legal challenge centers on the interpretation of the 14th Amendment, which states that “all persons born… in the United States, and subject to the jurisdiction thereof” are U.S. citizens.

Obscured Influence of John Eastman

Reports indicate that the administration has attempted to downplay Eastman’s significant role in developing these legal arguments, even while adopting his theories.

Eastman had been urging President Trump to attempt to end birthright citizenship since Trump's initial term in office. However, Trump did not credit Eastman when signing the executive order.

Eastman has been barred from practicing law due to his efforts to subvert the 2020 election results. Despite this, the Justice Department's legal briefs closely mirror Eastman’s arguments, omitting citations to his more than 100 relevant publications, according to Politico.

When questioned, Eastman declined to confirm whether he helped draft the executive order or the government's defense arguments. The Justice Department and the White House both declined to comment on his involvement.

Historical Context of the 14th Amendment

The 14th Amendment was ratified after the Civil War to ensure citizenship for former slaves and their children, explicitly overturning the Supreme Court’s 1857 Dred Scott decision.

The Dred Scott ruling had previously held that even free African Americans were not considered U.S. citizens. Historians note that the amendment's intent was to apply to people of all races residing in the U.S.

This principle was further cemented by the 1898 Supreme Court ruling in Wong Kim Ark, which granted citizenship to a child born in California to foreign parents residing in the U.S. This decision enshrined birthright citizenship as established law.

Eastman's Contested Interpretation

Eastman argues that the 1898 ruling should only apply to children of foreigners residing permanently in the U.S., claiming subsequent expansions of citizenship rights were legally flawed.

However, the vast majority of constitutional scholars, including many conservatives, reject Eastman’s narrow interpretation of the amendment.

Eastman's Legal Troubles and Political Activity

Eastman’s political activities have drawn significant scrutiny. He was recruited to Trump’s legal team following the 2020 election loss, where he proposed that Vice President Mike Pence refuse to count certain electoral votes.

When that strategy failed, Eastman appeared alongside Rudy Giuliani at the "Stop the Steal" rally preceding the January 6, 2021, Capitol riot, promoting false election fraud claims.

A judge reviewing his conduct found that Eastman made “patently false and misleading statements” in subsequent lawsuits challenging the election results. Consequently, the California State Bar Court recommended in June that Eastman be disbarred entirely for his egregious actions.

Currently, four federal judges have issued injunctions blocking Trump’s executive order from taking effect, with two federal appeals courts upholding those blocks.