Supreme Court likely to reject Trump's birthright citizenship order despite constitutional merit
Source: "GREGG JARRETT: Supreme Court may curb Trump’s bid to end birthright citizenship | Fox News." April 1, 2026. www.foxnews.com
The Gist
Even though Trump's team made a good legal argument that the Constitution doesn't require giving citizenship to children of illegal immigrants, the Supreme Court will probably reject his order anyway. The justices seemed skeptical during arguments, and changing a century-old practice would create too many complications.
Conclusion
The Supreme Court will likely strike down Trump's executive order ending birthright citizenship, despite the order having a defensible constitutional basis
Premises
- Trump's solicitor general presented a credible argument that the 14th Amendment was never intended to grant citizenship to children of illegal immigrants
- The framers of the 14th Amendment intended 'subject to the jurisdiction thereof' to mean full allegiance to the U.S., not owing allegiance to foreign powers
- Historical evidence shows amendment sponsors specifically stated it would not include children of foreigners and aliens
- Even conservative justices posed skeptical questions suggesting doubt about Trump's position
- The established practice of granting birthright citizenship for over a century creates too great an obstacle to reverse
- Justices expressed concerns about practical complications and humanitarian dilemmas if the order were upheld
Assumptions
- Oral argument questioning patterns reliably predict Supreme Court decisions
- Long-established government practices carry significant weight in constitutional interpretation
- The original intent of constitutional framers should guide modern interpretation
- Practical implementation concerns influence Supreme Court constitutional rulings