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Supreme Court Rejects Trump’s Birthright Citizenship Order

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In Short: The Supreme Court has struck down President Donald Trump's executive order on birthright citizenship, ruling 6-3 that it violates the 14th Amendment.

Supreme Court of the United States (Wikidata P18)
Photo: UpstateNYer / Wikimedia Commons (CC BY-SA 3.0)

The Supreme Court has rejected President Donald Trump’s executive order on birthright citizenship, which aimed to deny citizenship to children born to mothers who are in the country illegally or temporarily. By a 6-3 vote, the court struck down the order, with Chief Justice John Roberts leading the majority opinion. Justice Brett Kavanaugh dissented on the constitutional ruling but agreed with the majority on the federal law.

The case, which was framed as another test of Trump’s assertions of executive power, involved his appeal of a lower-court ruling from New Hampshire that struck down the citizenship restrictions. The birthright citizenship order, signed on the first day of Trump’s second term, is part of his administration’s broader immigration crackdown. Several lower courts had previously blocked the order, which had not taken effect anywhere in the U.S.

Justice Clarence Thomas, along with Justices Samuel Alito and Neil Gorsuch, dissented, writing a 91-page dissent that was more than three times as long as Roberts’ opinion. Thomas argued that the President’s order excluded children of foreign temporary visitors and illegal aliens from citizenship. Trump reacted furiously to the decision, suggesting that Congress could easily address it with legislation.

The ruling was a bare majority of five justices on the constitutional question, with Trump expressing his disapproval and suggesting that the decision was “too bad for our Country.” Despite the majority’s stance, Kavanaugh’s dissent highlighted the broader implications of the order, emphasizing the robust view of presidential power that has largely favored Trump’s administration.

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