Supreme Court to rule on Trump's birthright citizenship policy

 December 7, 2025

Hold onto your hats, folks -- President Donald Trump’s bold move to reshape immigration law through an executive order on birthright citizenship is now in the Supreme Court’s crosshairs.

The nation’s highest court has agreed to tackle the constitutionality of Trump’s order, a decision that could upend over a century of what was thought by many  to be settled law and redefine who gets to call themselves an American from birth, as CNN reports.

Let’s rewind to Jan. 20, when Trump signed the executive order titled “PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP,” aiming to end the practice of providing citizenship documentation to children born in the U.S. to parents here unlawfully or on temporary status. This wasn’t just a policy tweak; it was a direct jab at a principle on which many relied dating to the 19th century. And predictably, it sparked a firestorm.

Challenging a Century-Old Precedent

Birthright citizenship has been considered by many to be untouchable since the 1898 Supreme Court ruling in U.S. v. Wong Kim Ark, which cemented the idea that being born on American soil makes you a citizen, no exceptions. Trump’s administration, however, calls that precedent “mistaken” and blames it for “destructive consequences” in modern immigration policy. Now, that’s a spicy take, but is it enough to rewrite history?

Earlier this year, the Supreme Court sidestepped the controversy on technical grounds tied to lower court handling, avoiding a direct ruling. Then in June, a 6-3 decision limited -- but didn’t erase -- lower courts’ ability to halt presidential policies like this one. Still, Trump’s order remains blocked through other judicial maneuvers and has never taken effect.

Lower courts, spanning both conservative and liberal judges, have uniformly struck down the order as unconstitutional. That’s a rare bipartisan slapdown, yet the administration persists, pushing legal theories even many on the right consider fringe. It’s a long shot, but it’s got everyone’s attention.

Legal Battle Heats Up Nationwide

The case now before the Supreme Court originated from a New Hampshire judge’s ruling that barred enforcement of Trump’s order in a class-action lawsuit led by the ACLU. Meanwhile, a separate case from Democrat-led states in the 9th Circuit, focusing on whether states can even sue over this, didn’t make the cut for Supreme Court review. The focus stays narrow, but the stakes couldn’t be higher.

Solicitor General D. John Sauer, the administration’s top appellate lawyer, argued to the Supreme Court that “the citizenship clause of the Fourteenth Amendment was adopted to grant citizenship to newly freed slaves and their children -- not to the children of temporary visitors or illegal aliens.” That’s a history lesson with a sharp edge, but it’s hard to ignore over a century of broader interpretation. Will nine justices buy this narrow view?

The opposition isn’t holding back either, with the ACLU and other plaintiff groups telling the Supreme Court that the administration’s case is “little more than a jumble of historical misstatements, inapposite citations, newly manufactured doctrines, and -- more than anything else -- policy preferences.” Ouch -- that’s a legal burn if ever there was one. But in a culture where feelings often trump facts, will rhetoric sway the bench?

Immigration Law at a Crossroads

Ending birthright citizenship has long been a cornerstone of Trump’s immigration agenda, a signal to supporters that America’s borders and identity must be fiercely guarded. If the Supreme Court rules in his favor, the ripple effects could shake up constitutional and immigration law, especially for families struggling to prove citizenship for their newborns. It’s a policy fight with real human consequences.

Arguments are set for next year, with a decision expected by the end of June, making this a marquee case for the current term. The public spotlight is firmly on the justices, and you can bet every word will be dissected. Will tradition hold, or will a new era dawn?

Critics like Cecillia Wang, national legal director for the ACLU, are confident the law is on their side, stating, “The federal courts have unanimously held that President Trump’s executive order is contrary to the Constitution, a Supreme Court decision from 1898, and a law enacted by Congress.” That’s a strong hand to play. But in today’s polarized climate, certainty is a risky bet.

What’s at Stake for Future Generations?

Wang also expressed hope that the Supreme Court will be “putting this issue to rest once and for all.” Wishful thinking, perhaps, when every ruling seems to ignite fresh battles. Still, her point underscores the need for clarity on something so fundamental.

For now, the nation waits as the Supreme Court prepares to weigh in on a policy that’s as much about values as it is about law. Trump’s push to redefine citizenship taps into deep concerns about national identity and border security -- concerns many Americans share, even if the method raises eyebrows. It’s a debate worth having, respectfully and honestly.

Whatever the outcome, this case will shape how we view citizenship for generations. Progressive agendas often frame such policies as heartless, but there’s a legitimate argument for reassessing rules in a modern context. Let’s hope the justices cut through the noise with wisdom, not ideology.

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