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What Longstanding Legal Precedent Says About Birthright Citizenship and the Process to Restrict It: Analysis

The Supreme Court will reconsider the 1898 precedent on birthright citizenship after Trump's January policy sparked multiple legal challenges and debate over the 14th Amendment.

  • On Friday, the U.S. Supreme Court agreed to take up whether President Donald Trump's Executive Order 14160 ending birthright citizenship is legal, following his appeal in Trump v. Barbara.
  • Against a 1898 precedent established in United States v. Wong Kim Ark, in January, President Donald Trump sought to redefine the 14th Amendment's Citizenship Clause through an executive order.
  • Sauer argued the 14th Amendment was meant for `the newly freed slaves and their children, not on the children of aliens temporarily visiting the United States or of illegal aliens` and said the order would `restore the clause's original meaning`.
  • The White House said the case would `have enormous consequences for the security of all Americans, and the sanctity of American citizenship`, hours after the Supreme Court announced it would hear the appeal.
  • Viewed alongside decisions like Dobbs v. Jackson Women's Health Organization and Brown v. Board of Education, scholars say narrowing birthright citizenship would rival these as legal transformations, while constitutionalists warn the Fourteenth Amendment can only be changed by amendment, not executive order.
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Axios broke the news in Washington, United States on Friday, December 5, 2025.
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