The Supreme Court has agreed to weigh in on a contentious issue: whether President Donald Trump's plan to limit automatic birthright citizenship for nearly anyone born in the United States is constitutional. The case, which will likely be decided by the end of June, promises to be a significant test of Trump's executive power and the court's conservative majority.
The dispute centers on the 14th Amendment to the Constitution, which states that "all persons born or naturalized in the United States... are citizens of the United States." However, Trump has argued that this phrase only applies to individuals who have at least one parent who is a U.S. citizen or permanent legal resident, effectively stripping citizenship from babies born to temporary visitors.
The American Civil Liberties Union (ACLU), which represents plaintiffs in the case, argues that this interpretation is not supported by historical context or precedent. The ACLU points to a 1898 Supreme Court case, United States v. Wong Kim Ark, in which the court ruled that a man born in San Francisco to parents who were both from China was a U.S. citizen.
In its arguments, the Trump administration has posited that the phrase "subject to the jurisdiction thereof" confers citizenship only upon individuals who bear allegiance to the United States and are not just present within its borders. However, this interpretation is at odds with the traditional understanding of birthright citizenship, which has been a cornerstone of American law for over 150 years.
The case promises to be a major showdown between Trump's executive power and the court's conservative majority. While the administration has secured some early victories in lower courts, judges across the nation have ruled that the policy is unlawful, effectively blocking its implementation. The Supreme Court's decision on this issue will likely determine whether Trump's proposal can move forward and shape the trajectory of his presidency.
The dispute centers on the 14th Amendment to the Constitution, which states that "all persons born or naturalized in the United States... are citizens of the United States." However, Trump has argued that this phrase only applies to individuals who have at least one parent who is a U.S. citizen or permanent legal resident, effectively stripping citizenship from babies born to temporary visitors.
The American Civil Liberties Union (ACLU), which represents plaintiffs in the case, argues that this interpretation is not supported by historical context or precedent. The ACLU points to a 1898 Supreme Court case, United States v. Wong Kim Ark, in which the court ruled that a man born in San Francisco to parents who were both from China was a U.S. citizen.
In its arguments, the Trump administration has posited that the phrase "subject to the jurisdiction thereof" confers citizenship only upon individuals who bear allegiance to the United States and are not just present within its borders. However, this interpretation is at odds with the traditional understanding of birthright citizenship, which has been a cornerstone of American law for over 150 years.
The case promises to be a major showdown between Trump's executive power and the court's conservative majority. While the administration has secured some early victories in lower courts, judges across the nation have ruled that the policy is unlawful, effectively blocking its implementation. The Supreme Court's decision on this issue will likely determine whether Trump's proposal can move forward and shape the trajectory of his presidency.