The Supreme Court will consider the Trump administration’s challenge to the injunctions against the president’s order ending birthright citizenship.
Oral arguments will be heard on May 15.
“These cases – which involve challenges to the President’s January 20, 2025 Executive Order concerning birthright citizenship – raise important constitutional questions with major ramifications for securing the border,” the Trump administration argued.
The Trump administration further argued that the “nationwide injunctions exceed the scope of the federal courts’ equitable powers and disregard Article III’s limitations on the power of the judicial branch. By allowing single, unelected federal judges to co-opt entire executive-branch policies at the drop of the hat, they create needless interbranch friction and perpetrate a truly lupine encroachment by the Judiciary on the President’s Article II authority.”
President Trump’s order ending birthright citizenship has been consistently blocked by courts.
The order, titled Protecting the Meaning and Value of American Citizenship,” said the “Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.”
“The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’ Consistent with this understanding, the Congress has further specified through legislation that ‘a person born in the United States, and subject to the jurisdiction thereof’ is a national and citizen of the United States at birth, generally mirroring the Fourteenth Amendment’s text,” the order explained.
Opponents argue that this interpretation contradicts over a century of legal precedent, notably the 1898 Supreme Court decision in United States v. Wong Kim Ark, which affirmed birthright citizenship for nearly all individuals born on U.S. soil, regardless of their parents’ nationality.