Rep. Mike Lawler (R-N.Y.) on Tuesday said "birth tourism" is an issue Congress should address, "not by executive fiat or judicial activism," after the Supreme Court ruled against President Trump's restrictions on birthright citizenship.
The court's 6-3 decision found that the 14th Amendment guarantees citizenship by default for almost all children born on U.S. soil, including those born to parents in the country unlawfully. Three conservative justices, including Chief Justice John Roberts, joined the three liberal justices in the majority opinion.
What the Left Is Saying
Progressive advocacy groups and Democratic lawmakers largely celebrated the ruling as a vindication of constitutional protections. Immigration rights organizations argued the decision reinforces foundational principles of equality under the law.
The ruling comes amid ongoing debates over immigration policy and follows years of legal battles over executive authority on immigration matters. Supporters of birthright citizenship have long maintained that the 14th Amendment's promise of equal protection extends to all children born on American soil, regardless of their parents' immigration status.
What the Right Is Saying
Lawler called the court's decision "well-reasoned and thought out on an issue that has been debated for decades." He wrote on X that if Congress and Americans seek to change birthright citizenship protections, it would require a constitutional amendment.
"From my vantage point, the issue of 'birth tourism' is something to address, but through the legislative process, not by executive fiat or judicial activism," Lawler stated.
Sen. Eric Schmitt (R-Mo.) argued that ordinary legislation cannot repair what he described as damage from the ruling. "A constitutional amendment is now required," he wrote on X. "Accordingly, I will be announcing a forthcoming constitutional amendment to restore the sacred bond between American citizens and their government."
Justice Clarence Thomas wrote in dissent that the majority opinion "will stand the test of time" as it "devalues" American citizenship.
What the Numbers Show
Trump ordered on the first day of his second administration that birthright citizenship would require a baby born on U.S. soil to have at least one parent with citizenship or permanent legal status to become a legal U.S. citizen.
The Supreme Court's decision marked one of its most significant rulings against the administration's crackdown on undocumented and lawful immigration. The president had frequently predicted during oral arguments in April that his case would fail, and he later relented to the court's decision while urging Congress to act through legislation rather than a constitutional amendment.
The Bottom Line
Trump wrote on Truth Social that "no long and unwieldy Constitutional Amendment is necessary" and urged Congress to begin working on ending birthright citizenship. He stated lawmakers would have his "complete and total support."
The ruling leaves the question of reforming birthright citizenship in Congress's hands, where it would require two-thirds majorities in both chambers and ratification by three-fourths of states—a high bar that has historically made constitutional amendments rare. The debate over how to address concerns about "birth tourism" through legislative means is expected to continue in the coming months.