WASHINGTON — The Supreme Court on Tuesday rejected President Donald Trump’s executive order to end citizenship at birth for those born on U.S. soil, delivering a major blow to his agenda.
The court, divided 6-3, ruled that the executive order Trump issued on the first day of his second term was unlawful. Five justices said the order violated the Constitution’s 14th Amendment, which says it is birthright citizenship for anyone born in the United States.
One justice, conservative Brett Kavanaugh, said the order violated federal law but not the Constitution.
It is the third significant Supreme Court loss for Trump in the last 24 hours after the court rejected his appeal of the E Jean Carroll verdict, as well as a Republican-led effort for mail-in ballots.
Chief Justice John Roberts wrote there was “scant evidence” in favor of the Trump administration’s reimagining of the way the law has been understood for decades.
“Citizenship then and now, was the right to have rights — to freely participate in our political community,” he wrote.
Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch said they would have ruled in Trump’s favor, saying the 14th Amendment would allow his executive order.
The 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Trump brushed off the decision by the Supreme Court, calling for Congress to pass legislation to “end” birthright citizenship, legislation that would be dead on arrival in the current makeup of Congress.
“The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process,” Trump posted on Truth Social. “No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!”
