Illustration of the Supreme Court upholding birthright citizenship with Chief Justice John Roberts.
Illustration of the Supreme Court upholding birthright citizenship with Chief Justice John Roberts.
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Supreme Court upholds birthright citizenship in 5-4 ruling

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The Supreme Court on Tuesday blocked President Donald Trump’s executive order restricting birthright citizenship. The 5–4 decision held that the 14th Amendment guarantees citizenship to children born in the United States. Chief Justice John Roberts wrote the majority opinion.

The ruling came in Trump v. Barbara. It addressed Trump’s January 2025 order that sought to deny citizenship to children of parents unlawfully or temporarily present in the country.

Roberts wrote that the amendment’s text and history extend citizenship to nearly all children born on U.S. soil. Justices Amy Coney Barrett and the court’s three liberals joined the opinion.

Justice Brett Kavanaugh concurred in the result on statutory grounds but dissented from the constitutional holding. Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented fully.

Trump responded on Truth Social by urging Congress to pass legislation ending birthright citizenship. He also congratulated Chinese President Xi Jinping on the outcome.

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Initial reactions on X to the Supreme Court’s 5-4 ruling upholding birthright citizenship were divided. Supporters praised the decision for protecting constitutional rights, while critics expressed frustration and advocated for constitutional amendments or highlighted perceived flaws in the judiciary.

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Supreme Court justices hearing arguments on birthright citizenship from ACLU lawyer Cecillia Wang
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Supreme Court hears arguments over Trump order targeting birthright citizenship

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Cecillia Wang, the American Civil Liberties Union’s national legal director, argued before the Supreme Court on April 1, 2026, urging the justices to preserve birthright citizenship under the 14th Amendment’s Citizenship Clause.

The Supreme Court has upheld birthright citizenship, ruling that children born in the United States to parents who are unlawfully or temporarily present are citizens under the Fourteenth Amendment. The 5-4 decision was authored by Chief Justice John Roberts and joined by Justice Amy Coney Barrett. The ruling marks a setback for the Trump administration's immigration agenda.

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The Supreme Court is set to issue rulings in nearly two dozen cases over the next few weeks, including several high-stakes matters involving immigration and presidential authority.

The U.S. Supreme Court is nearing the end of its term, with rulings still pending in several high-profile disputes involving firearms limits, election rules, Temporary Protected Status and the scope of presidential authority.

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The U.S. Supreme Court ruled 6-3 on April 29 that Louisiana's congressional map, which included a second majority-Black district, constitutes an unconstitutional racial gerrymander. Justice Samuel Alito wrote for the majority that Section 2 of the Voting Rights Act requires proof of intentional discrimination, not just disparate impact. The decision, in Louisiana v. Callais, limits race-based redistricting and prompts new maps in several states.

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