Supreme Court to hear birthright citizenship challenge

Yahoo

15-05-2025

The Brief
Supreme Court considers birthright citizenship case, which also impacts judicial authority
Trump administration seeks policy enforcement in some states.
Legal experts debate constitutional interpretation.
WASHINGTON - The U.S. Supreme Court will take up arguments Thursday that could have sweeping impacts across the nation.
The matter is on challenges filed in federal court to President Donald Trump's Executive Order to restrict birthright citizenship. Also being taken up in this case is judicial power and whether federal judges have the authority to issue nationwide injunctions.
President Trump and his administration have been calling on the Supreme Court to stop what the administration has referred to as "activist judges" after a number of changes initiated by the president have been halted by three district courts around the country. The Associated Press says Appeals courts declined to "disturb those rulings" with the Department of Justice arguing individual judges do not have the authority to issue nation-wide injunctions.
Back in January, President Trump signed an Executive Order that ends automatic citizenship to children born on U.S. soil to mothers in the country illegally or non-permanent residents.
Birthright citizenship and equal protections under the law have been protected under the 14th Amendment of the Constitution for over a century. There are exceptions that include children born of foreign diplomats and children born from members of an invading army.
Several groups and multiple statues sued. The response — a nationwide injunction preventing the order from taking effect.
In arguments to start Thursday, the Trump Administration is asking the U.S. Supreme Court to move forward with the executive order in the states that did not sue, as legal battles continue in the states that did.
Many of those who joined coalition and states in suing are pregnant women, concerned their children will be left in limbo. One spoke with FOX 5's Katie Barlow back in January, explaining that she fled Venezuela for fear of political persecution.
READ MORE: Trump's birthright citizenship ban: Pregnant women file federal lawsuit to overturn
Ventezi Nelson spoke with FOX 5 while waiting in line for the Thursday arguments to begin. He says he flew in from North Dakota to hear the case in-person.
The first line of the 14th Amendment of the Constitution reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
An expert explained to FOX 5, the president's executive order takes on a different interpretation of the words "subject to the jurisdiction thereof," to mean more of whether you have a political allegiance of the United States.
"I was born in Bulgaria. I became a naturalized citizen, and I don't know what this means if the Supreme Court decides to support Trump and his efforts to dismantle the balance of powers — check and balances — and what this means for the future of what this country stands for," said Nelson.
Oral arguments begin at 10 a.m.
READ MORE: Maryland judge becomes second to block Trump's birthright citizenship order
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
MORE DETAILS on Congress.gov
The Source
Information in this article comes from The Associated Press & Congress.gov.