President Trump attended oral arguments at the Supreme Court on Wednesday in a case challenging his executive order to end birthright citizenship, becoming what is believed to be the first sitting president to attend such a session.
The case centers on the 14th Amendment's guarantee of citizenship to all persons born on U.S. soil. Solicitor General John Sauer argued the executive order should be upheld, but justices across the ideological spectrum appeared skeptical of the administration's position during the roughly two-hour session.
What the Right Is Saying
Trump and his supporters have argued that birthright citizenship is a policy anomaly that attracts 'anchor babies' and encourages unauthorized immigration. The administration contends the 14th Amendment has been misinterpreted since its ratification.
After the arguments concluded, Trump posted on Truth Social that the U.S. is the 'only Country in the World STUPID enough to allow' birthright citizenship. He has criticized the policy at least twice this week.
Speaker Mike Johnson (R-La.) and Senate Majority Leader John Thune (R-S.D.) released a joint statement backing the president's immigration agenda, saying they would fund part of DHS through regular appropriations and support border security through reconciliation 'for the balance of the Trump Administration.'
Conservative legal scholars have argued that birthright citizenship was not originally intended for children of unauthorized immigrants and that the executive order represents a legitimate exercise of presidential authority.
What the Left Is Saying
Progressive advocates and Democratic lawmakers have fiercely opposed the executive order, arguing it directly contradicts the 14th Amendment's clear language. Civil rights organizations called the policy unconstitutional and discriminatory.
Senator Dick Durbin (D-Ill.) said the administration's position 'defies over a century of legal precedent' and called birthright citizenship 'a cornerstone of American identity.'
The ACLU stated that ending birthright citizenship would 'strip millions of their fundamental right to citizenship' and disproportionately affect communities of color. Progressive legal scholars argued the executive branch lacks constitutional authority to unilaterally amend the Constitution.
What the Numbers Show
The United States is one of approximately 30 countries that currently grant birthright citizenship, though most nations with such policies are in the Americas. Canada and Mexico also retain birthright citizenship.
The 14th Amendment was ratified in 1868 following the Civil War, primarily to ensure citizenship for formerly enslaved people and their descendants. Legal scholars note it has been interpreted broadly for over 150 years.
According to immigration policy analysts, an estimated 350,000 children born in the U.S. annually would be affected by changes to birthright citizenship, including children of temporary visa holders and undocumented immigrants.
The Bottom Line
The Supreme Court's questioning during Wednesday's arguments suggests the justices are unlikely to uphold the executive order. A ruling is expected later this term, but the court's tone indicated significant constitutional concerns with the administration's position.
If the court rules against the administration, it would represent a major check on presidential power and reaffirm the enduring strength of the 14th Amendment. The case will likely become a defining moment in the debate over presidential authority and constitutional limits.
Trump is scheduled to address the nation on Iran at 9 p.m. EDT from the White House, with the birthright citizenship case representing just one of several major policy battles unfolding this week.