US EditionThe Birthright Citizenship Case and the Text of the 14th Amendment
Justices appeared skeptical as the administration argued 3.6 million U.S.-born babies a year could face new parental-status checks.
- On April 1, 2026, the United States Supreme Court heard oral arguments in Barbara v. Trump, a class-action lawsuit challenging President Donald Trump's executive order that attempts to restrict birthright citizenship to children of citizens or lawful permanent residents.
- Trump signed the order in January 2025 to curb 'birth tourism,' but federal courts issued injunctions preventing enforcement. The Supreme Court later ruled these protections applied only to specific plaintiffs, prompting the current litigation involving all affected states.
- Solicitor General John Sauer faced skepticism from justices regarding the plan's feasibility, with Justice Brett Kavanaugh questioning how the government would process status checks for the approximately 3.6 million babies born in the United States annually.
- Advocates warn the policy could institutionalize administrative exclusion, potentially leaving children born in the U.S. facing 'statelessness.' If upheld, the nation would shift from 'jus soli,' or right of the soil, to a lineage-based system.
- Justices are expected to deliver a final decision by June, as the case forces the court to determine if the executive branch holds authority to narrow the 14th Amendment's citizenship clause.
11 Articles
11 Articles
The text and history of the Fourteenth Amendment are clear; however, the case is under the consideration of the Supreme Court.
Montana Standard
The birthright citizenship case and the text of the 14th Amendment
The text of Section One of the 14th Amendment declares: "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." In the…
Congress Should Decide Birthright Citizenship, Not SCOTUS
by Jenna Ellis at CDN - The U.S. Supreme Court recently heard arguments in a case that could redefine one of the most consequential questions in American law: Who is entitled to citizenship under the 14th Amendment? The focus, predictably, has been on constitutional interpretation — what the phrase “subject to the jurisdiction thereof” means, how it has been applied historically, and … Click to read the rest HERE-> Congress Should Decide Birthri…
Is birthright citizenship still in effect? What to know as Supreme Court weighs major case
On April 1, the United States Supreme Court heard oral arguments in a case called Barbara v. Trump. This case, brought by the ACLU and other immigration advocates, challenges an executive order that the President signed last January — on the very first day of his second term in office — which aims to undo birthright citizenship. The executive order, titled “Protecting the Meaning and Value of American Citizenship,” specifically sought to limit t…
What the Supreme Court arguments suggest about Trump’s birthright citizenship case
President Donald Trump speaks to reporters before boarding Marine One on the South Lawn of the White House in December 2025 (Tom Brenner/Getty Images).A majority of the U.S. Supreme Court justices showed skepticism about the Trump Administration’s arguments on birthright citizenship. The court delayed its decision on birthright citizenship by first taking up the procedural question of universal injunctions. The conservative majority seemed to be…
JENNA ELLIS: Congress Should Decide Birthright Citizenship, Not SCOTUS
The U.S. Supreme Court recently heard arguments in a case that could redefine one of the most consequential questions in American law: Who is entitled to citizenship under the 14th Amendment? The focus, predictably, has been on constitutional interpretation — what the phrase “subject to the jurisdiction thereof” means, how it has been applied historically, and […]
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