Tipsheet

Is This a Dead Giveaway of Bad News to Come on the Birthright Citizenship Ruling?

Jeff will have the full story when the rulings drop at 10 am. The Supreme Court is set to hand down its decision on birthright citizenship. President Trump signed an executive order ending it, but it has been struck down at the lower court level. The Supreme Court weighed in, though Amy Howe at SCOTUSblog reported that from her observations at oral arguments, the Court seems inclined to rule against the Trump administration:

On Jan. 20, 2025, President Donald Trump signed an executive order that would end birthright citizenship – the guarantee of U.S. citizenship to virtually everyone born in this country. Trump’s order has never gone into effect; since then, every federal court that has considered a challenge to the order has struck it down. After just over two hours of oral arguments on Wednesday, before an audience that included (at least for part of the morning) Trump himself, a majority of the Supreme Court seemed likely to do the same.

Ratified in 1868, the 14th Amendment includes a provision known as the citizenship clause, which confers citizenship on anyone “born … in the United States, and subject to the jurisdiction thereof.” The provision was originally added to the Constitution to overrule the Supreme Court’s infamous 1857 decision in Dred Scott v. Sandford, holding that Black people whose ancestors were brought to this country and sold as enslaved persons were not entitled to any protection from the federal courts because they were not U.S. citizens. But for more than a century, the clause has been understood to confer citizenship on almost everyone born in the United States, subject to only a few narrow exceptions.

Trump floated the prospect of ending birthright citizenship during his first term in office, but he encountered resistance even within his own party. Trump did not give up on the idea, and on the first day of his second term he signed an executive order, Protecting the Meaning and Value of American Citizenship, to do so. The order ended birthright citizenship for the children of undocumented immigrants, as well as those of immigrants who are in the United States legally but temporarily – for example, on a student or work visa.

Again, we’ll know for sure in a few hours, but others noted last night another sign that suggests bad news is coming for the Trump White House on this matter: no barricades were set up around the Supreme Court. Also, in this new woke era of law clerks who don’t know their place, no leaks have been trickling to the press. 

We’ll find out soon.