The Latest: Supreme Court upholds birthright citizenship, rejecting Trump’s restrictions | National Politics
The Supreme Court on Tuesday upheld a broad conception of birthright citizenship, rejecting President Donald Trump’s executive order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.
The decision, in line with the longstanding judicial interpretation of the 14th Amendment, comes on the final day of a Supreme Court term that has centered on Trump’s expansive claims of presidential power — and largely ruled in his favor.
In its other Tuesday rulings, the court upheld laws in roughly half the states that prohibit transgender girls and women from playing on their public school and college sport teams and struck down limits on party spending in federal elections.
Here’s the latest:
Group supporting tough restrictions on immigration says Supreme Court ruling is a mistake
“Birthright citizenship for children of illegal aliens will continue to be a ballooning negative consequence of the failure to enforce our immigration laws,” said Dale Wilcox, executive director and general counsel of the Federation for American Immigration Reform. “But that very fact makes it all the more urgent to step up enforcement to the maximum possible extent and end illegal immigration.”
Trump says Supreme Court ruling on transgender athletes is a ‘big win’
The president has made his opposition to transgender athletes a key feature of his speeches and he embraced the Supreme Court decision that states can ban the athletes from girls and women’s teams.
“BIG WIN,” Trump said on social media. “Wow! That takes that ridiculous situation off the table!!!”
Immigrant advocacy group welcomes birthright citizenship ruling
“The Justices rightly recognized that the U.S. Constitution is clear and unambiguous: if you are born in this country and subject to its jurisdiction, you are a citizen of this country,” Krish O’Mara Vignarajah, the head of Global Refuge, a nonprofit that works with immigrants, said in a statement. “Birthright citizenship survived the Chinese Exclusion Act, Jim Crow, and today, it survived an executive order that would have essentially turned the maternity ward into a customs checkpoint.”
Latino civil rights leaders praise birthright citizenship decision
“Today, the Supreme Court defended the soul of this country and the very definition of what it means to be an American,” Voto Latino President Maria Teresa Kumar said in a statement.
She added: “By reaffirming that every child born on American soil is a citizen, the court chose to embrace our multiracial and multicultural reality, rather than succumb to a political agenda rooted in the fear of it.”
Chief Justice Roberts’ majority opinion upholding birthright citizenship
“Citizenship, then and now, was the right to have rights — to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land,’” Chief Justice John Roberts wrote for the court, citing congressional debate over the amendment. “We keep that promise today.”
How colonial history helped shape birthright citizenship
Unlike much of the world, birthright citizenship is common across North, Central and South America. Many legal historians believe the roots of that geographic divide reach back more than 500 years, when European nations began sending settlers to their American colonies.
Europe’s aristocrat rulers wanted to encourage people to move to the colonies, but those colonists wanted their children — even if born overseas — to hold on to their European citizenship.
The practice remained in place as independence movements began to take shape and as independent nations began to emerge.
“By then, their legal traditions had already started to form,” said César Cuauhtémoc García Hernández, a law professor at Ohio State University. “So by and large they continued some of the key legal practices of the colonial European governments that they had just severed ties with.”
NAACP president praises Supreme Court decision protecting birthright citizenship
“Trump’s attempted assault on the 14th Amendment was dealt a major blow today. This decision is a powerful affirmation of the Constitution and the enduring promise of equality it represents,” said NAACP President Derrick Johnson. “For over 150 years, the Fourteenth Amendment has guaranteed citizenship to everyone born in this country. Today, the court rightly rejected efforts to undermine that core protection and instead upheld a principle that is essential to our democracy.”
Birthright citizenship opinion is literally weighty, with a printed version that’s especially thick
Many of those pages are from the dissent penned by Justice Thomas and joined by Gorsuch. The majority opinion is 26 pages long, Thomas’s dissent runs to 91 pages.
Supreme Court upholds birthright citizenship, rejecting Trump’s proposed limits
In upholding a broad conception of birthright citizenship, the court rejected President Donald Trump’s executive order declaring that children born to people who are in the United States illegally or temporarily are not American citizens.
The justices relied on a long-settled understanding of the 14th Amendment, adopted after the Civil War, and more recent federal laws in ruling that anyone born in the country, with very limited exceptions, is a citizen.
The Republican president’s restrictions had been blocked by several lower courts and had not taken effect anywhere in the U.S.
During arguments in April, both conservative and liberal justices questioned the order’s legality in a momentous case that was magnified by Trump’s unprecedented attendance in the courtroom.
Advocates for LGBTQ+ youth condemn the transgender athletes ruling
“Today’s news has nothing to do with safety or fairness in sports,” Trevor Project CEO Jaymes Black said in a statement. “These rulings only serve to send a message to transgender and nonbinary young people that says, ‘you don’t belong.’”
Supreme Court strikes down limits on party spending in federal elections
The Supreme Court on Tuesday erased limits on how much political parties can spend in coordination with candidates for Congress and president, striking down a federal election law that’s more than 50 years old.
Prodded by a Republican-led lawsuit that includes Vice President JD Vance, the court’s conservative justices were again in the majority of the latest decision that upended congressionally enacted limits on raising and spending money to influence elections. The court’s 2010 Citizens United decision opened the door to unlimited independent spending in federal elections.
The limits on party spending stem from a desire to prevent large donors from skirting caps on individual contributions to a candidate by directing unlimited sums to the party, with the understanding that the money will be spent on behalf of the candidate.
The Supreme Court had previously upheld the limits in 2001.
One advocate for transgender rights says Tuesday’s ruling will resonate in areas beyond sports
“The Supreme Court gave cover to a campaign whose stated goal is to deny constitutional projections to trans people,” Imara Jones, CEO of TransLash Media, said in a statement. “The ultimate objective is to establish the cocktail of laws and systemic marginalization that will allow those in power to exclude larger and larger groups of Americans.”
From Justice Brett Kavanaugh on the transgender athletes ruling
“Sports are generally zero sum,” Kavanaugh said in the majority opinion. “Every biological male who makes the team takes a roster spot from a female athlete. Every biological male who earns playing time reduces the playing time of a female athlete. Every biological male who starts takes a starting position from a female athlete. Every biological male who wins a race takes the gold medal away from a female athlete.”
Supreme Court upholds state laws banning transgender girls and women from school athletic teams
The ruling is another setback for transgender people.
The court’s conservative majority, which has repeatedly ruled against transgender Americans in the past year, ruled that state bans in Idaho and West Virginia don’t violate the Constitution or the federal law known as Title IX, which prohibits sex discrimination in education.
More than two dozen other Republican-led states have adopted bans on female transgender athletes, and the decision seems certain to extend to them as well.
Left unresolved by the outcome are lawsuits challenging state laws and regulations in Connecticut, California and elsewhere that permit transgender athletes to compete consistent with their gender identity.
Several courts have blocked the citizenship restrictions
The justices are weighing Trump’s appeal of a lower-court ruling from New Hampshire that struck down the citizenship restrictions, one of several courts that have blocked them.
Trump signed the birthright citizenship order on the first day of his second term, but the restrictions have not taken effect anywhere in the country.
Dueling views on birthright citizenship
In oral arguments, Sauer, the lawyer for Trump’s administration, said that birthright citizenship encourages illegal immigration and “rewards illegal aliens who not only violate the immigration laws but also jump in front of those who follow the rules.”
The practice “demeans the priceless and profound gift of American citizenship,” he told the court.
But the American Civil Liberties Union, which is challenging Trump’s order, sees it very differently.
“It’s one of the clearest statements of who we are as a country,” the ACLU said in a statement. “No matter who your parents are, if you’re born here, you belong here.”
America’s views on birthright citizenship
Most Americans say they believe in birthright citizenship, though many are conflicted about exactly who it should apply to.
An April survey by The Associated Press-NORC Center for Public Affairs Research of more than 2,500 U.S. adults found that about two-thirds say children born in the U.S. should get automatic citizenship. That number drops to 44% for Republicans.
But the poll also showed ambivalence when it came to specifics.
For example, 75% of U.S. adults support automatic citizenship for children born in the U.S. to parents in the country on work visas. Only about half, though, believe in it for children born to parents who are illegally in the country.
The court ruled Monday that states can count late-arriving mailed ballots
The 5-4 decision rejected a Republican-led attack on laws in more than half the states and the District of Columbia that permit mailed ballots to arrive and be counted some number of days after the election, provided they are postmarked by Election Day.
The outcome spares officials the headache of changing their ballot rules just a few months before the 2026 midterm congressional elections.
In just over half of those states, the more forgiving deadlines apply only to ballots cast by military and overseas voters.
The government has faced judicial skepticism
During oral arguments, even many conservative justices appeared unconvinced by the government’s case.
“I can imagine it being messy in some applications,” Justice Amy Coney Barrett said, asking Solicitor General D. John Sauer about the issue of abandoned infants.
“What if you don’t know who the parents are?” she asked.
Sauer started to say that question was addressed in the U.S. code, but Barrett quickly interrupted him.
“Yeah, yeah, yeah, yeah, but what about the Constitution?” she asked.
How do most countries decide a child’s citizenship?
Outside of the Americas, most countries follow the legal principle of jus sanguinis, or “right of blood,” with a child’s citizenship inherited from its parents, no matter the place of birth.
In the European Union, for example, no member states grant automatic, unconditional citizenship to children born to foreigners.
But American legal practice is descended in many ways from English common law, which had long provided for citizenship based on a child’s place of birth, the legal concept of jus soli, or “right of soil.”
The UK, though, abandoned jus soli with the British Nationality Act of 1981.
Under the new rules, people born in the UK get citizenship only if at least one parent is a British citizen or has “settled status” under the law.
The justices will read summaries of their opinions
The court will dive right into the remaining decisions when the justices take the bench at 10 a.m. ET.
The opinions are typically read in ascending order of seniority so that the most junior justice with an opinion goes first. Chief Justice John Roberts, who may well have the decision in the birthright citizenship case, would go last.
Monday’s ruling on federal agencies dramatically expanded presidential power
Other than at the Federal Reserve, with its role of setting interest rates, the court held that presidents have free rein to fire agency heads at will, despite federal laws that require a cause for such dismissals and a 91-year-old decision that had limited executive authority.
The justices allowed Fed governor Lisa Cook to stay in her job while she fights Trump’s effort to fire her over allegations of mortgage fraud, which she has denied.
With the six conservative justices in the majority, the nine-member court jettisoned its unanimous decision in Humphrey’s Executor that had limited when presidents can fire agencies’ board members — in part to try to ensure decision-making free of political influence.
“We hold that such protection from removal is contrary to the separation of powers enshrined in the Constitution,” Chief Justice John Roberts wrote for the court.
The court will also rule on trans athletes and campaign finances
In separate cases, the court will also decide:
Whether states can prohibit transgender athletes from playing on girls’ and women’s public school and college teams.
Whether to uphold a federal law more than 50 years old limiting how much political parties can spend in coordination with candidates for Congress and the president.
The court seemed poised to reject Trump’s birthright citizenship limits during arguments in April
Oral arguments for the case lasted more than two hours in a crowded courtroom that included Trump, the first sitting president to attend arguments at the nation’s highest court, and, in seats reserved for the justices’ guests, actor Robert De Niro.
Trump heard his administration’s top Supreme Court lawyer, Solicitor General D. John Sauer, face one skeptical question after another. Justices asked about the legal basis for the order and voiced more practical concerns.
“Is this happening in the delivery room?” Justice Ketanji Brown Jackson asked, drilling down into the logistics of how the government would actually figure out who is entitled to citizenship and who is not.
Chief Justice John Roberts suggested that Sauer was relying on quirky exceptions to citizenship to make a broad argument about people who are in the country illegally. “I’m not quite sure how you can get to that big group from such tiny and sort of idiosyncratic examples,” Roberts said.
Justice Clarence Thomas sounded the most likely among the nine justices to side with Trump.
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