{"id":136608,"date":"2026-07-02T03:10:12","date_gmt":"2026-07-02T03:10:12","guid":{"rendered":"https:\/\/www.europesays.com\/people\/136608\/"},"modified":"2026-07-02T03:10:12","modified_gmt":"2026-07-02T03:10:12","slug":"roberts-led-majority-preserves-birthright-citizenship-splinters-on-why","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/people\/136608\/","title":{"rendered":"Roberts-Led Majority Preserves Birthright Citizenship, Splinters on Why"},"content":{"rendered":"

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\nWASHINGTON, DC – FEBRUARY 24: U.S. Supreme Court Chief Justice John Roberts and Associate Justices Elena Kagan, Brett Kavanaugh and Amy Coney Barrett applaud at the conclusion of President Donald Trump’s State of the Union address during a joint session of Congress at the Capitol on February 24, 2026, in Washington, DC. Trump delivered his address days after the Supreme Court struck down the administration’s tariff strategy and amid a U.S. military buildup in the Persian Gulf threatening Iran.
\nPhoto by Chip Somodevilla\/Getty Images<\/p>\n

A crowd of families, lawyers, and organizers packed the plaza outside the Supreme Court on Tuesday, June 30, as word spread that the justices had rejected President Trump’s attempt to strip citizenship from babies born on U.S. soil to noncitizen parents.<\/p>\n

The 6-3 ruling in Trump v. Barbara<\/a> leaves intact the interpretation of the 14th Amendment that has stood since Reconstruction: birth in the United States confers citizenship, regardless of a parent’s immigration status. The decision voids the executive order Trump signed on his first day back in office in January 2025, which would have denied citizenship recognition<\/a> to children whose parents were undocumented or present on temporary visas.<\/p>\n

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\nWASHINGTON, DC – JUNE 30: White House Border Czar Tom Homan talks to reporters after doing television interviews outside the West Wing of the White House on June 30, 2026 in Washington, DC. In reaction to the Supreme Court’s ruling upholding birthright citizenship, Homan said that the decision would adversely affect national security by letting people from other countries vote or run for office.
\nPhoto by Chip Somodevilla\/Getty Images
\nA fractured 6-3, not a clean split<\/p>\n

Chief Justice John Roberts wrote for the Court, leaning heavily on the 1898 precedent United States v. Wong Kim Ark, in which the justices found that a man born in San Francisco to Chinese immigrant parents was nonetheless an American citizen by birth<\/a>. Roberts’s constitutional holding was joined by the Court’s three Democratic appointees \u2014 Sotomayor, Kagan, and Jackson \u2014 along with Justice Amy Coney Barrett, CBSNews reports<\/a>.<\/p>\n

The sixth vote against Trump’s order came from Justice Brett Kavanaugh, who declined to join the constitutional reasoning but concluded separately that the order violated a federal citizenship statute<\/a> dating to 1940. That distinction matters: only five justices agreed the Constitution itself guarantees the outcome, while Kavanaugh supplied the sixth vote on narrower statutory grounds.<\/p>\n

Three justices dissented, each in a separate opinion. Justice Clarence Thomas, joined in part by Justice Neil Gorsuch, argued the Citizenship Clause was drafted to secure rights for formerly enslaved Black Americans<\/a> and their children, not to extend automatically to the children of immigrants. Justice Samuel Alito wrote separately, calling the ruling “a serious mistake”<\/a> and arguing it preserves an incentive for people to enter the country unlawfully.<\/p>\n

The case behind the ruling<\/p>\n

Barbara v. Trump began as a nationwide class action filed by the ACLU<\/a> and its New Hampshire, Maine, and Massachusetts affiliates, alongside the Legal Defense Fund, the Asian Law Caucus, and the Democracy Defenders Fund, representing babies who stood to lose citizenship recognition under the order. Earlier related suits had been filed by groups including the League of United Latin American Citizens and Make the Road New York.<\/p>\n

Democracy Defenders Fund co-founder Norm Eisen said the outcome confirms<\/a> that no president has the power to decide who is entitled to the rights our Constitution protects. Asian Law Caucus executive director Aarti Kohli connected the win to the organization’s roots blocks from where Wong Kim Ark himself was born, framing the decision as a continuation of that fight.<\/p>\n

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\nWASHINGTON, DC – JUNE 30: Speaker of the House Mike Johnson (R-LA) speaks at a news conference at the U.S. Capitol on June 30, 2026 in Washington, DC. Johnson spoke on the Supreme Court’s recent decision on birthright citizenship and also commented on the return of Rep. Thomas Kean (R-NJ), who has been absent for several months with a health issue. Johnson was joined by Rep. Lisa McClain (R-MI), Rep. Beth Van Duyne (R-TX) and House Majority Leader Steve Scalise (R-LA).
\nPhoto by Kevin Dietsch\/Getty Images
\nReaction split along familiar lines<\/p>\n

President Trump posted on Truth Social that the ruling was “too bad for our country”<\/a> and pressed Congress to legislate a replacement, insisting no constitutional amendment was necessary. Democracy Defenders Fund senior counsel Taryn Wilgus Null dismissed that plan, telling reporters the president does not understand that the only way the Constitution can be changed is with a constitutional amendment. That view is widely shared, though not universal on the winning side \u2014 Kavanaugh and Alito both suggested in their own separate opinions that Congress retains room to legislate narrower exceptions without touching the Constitution itself, a possibility Null and others reject as impractical given current Senate math.<\/p>\n

White House deputy chief of staff Stephen Miller called the decision one of the most destructive and outrageous decisions<\/a> in the long history of the Supreme Court, adding on X that American citizenship “is not the birthright of the world.” The Justice Department separately said it would keep pursuing prosecutions of birth-tourism schemes, in which parents allegedly travel to the U.S. specifically to secure citizenship for a newborn.<\/p>\n

ACLU Immigrants’ Rights Project deputy director Cody Wofsy said the ruling leaves no room for a rematch, arguing the majority left no “space for equivocation<\/a>” despite the dissents. On Capitol Hill, several Senate Republicans \u2014 including Rand Paul and Eric Schmitt \u2014 signaled they’d pursue a formal constitutional amendment<\/a> rather than ordinary legislation, effectively agreeing with the plaintiffs’ lawyers on what it would take to undo the ruling.<\/p>\n

The stakes, in numbers<\/p>\n

Migration Policy Institute research cited across multiple outlets estimated that roughly 255,000 children born each year to noncitizen parents were at risk of losing automatic citizenship<\/a> had the order taken effect \u2014 about 6% of annual U.S. births. Some advocates warned a subset of those children could have ended up unable to claim citizenship anywhere.<\/p>\n

For now, the ruling leaves the constitutional baseline unchanged: birth on American soil is, on its own, still enough to make someone an American citizen \u2014 though the fight over how durable that guarantee is has clearly shifted from the courtroom to Congress.<\/p>\n

\u00a9 2025 Latin Times. All rights reserved. Do not reproduce without permission.<\/p>\n","protected":false},"excerpt":{"rendered":"WASHINGTON, DC – FEBRUARY 24: U.S. Supreme Court Chief Justice John Roberts and Associate Justices Elena Kagan, Brett…\n","protected":false},"author":2,"featured_media":136609,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_share_on_mastodon":"0"},"categories":[146],"tags":[537,3197,7554,12,535,4002,23199,538,6004],"class_list":["post-136608","post","type-post","status-publish","format-standard","has-post-thumbnail","category-john-roberts","tag-birthright-citizenship","tag-chief-justice-john-roberts","tag-clarence-thomas","tag-donald-trump","tag-john-roberts","tag-scotus","tag-sonia-sotomayor","tag-trump-v-barbara","tag-us-supreme-court"],"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@people\/116848192608411432","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/posts\/136608","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/comments?post=136608"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/posts\/136608\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/media\/136609"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/media?parent=136608"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/categories?post=136608"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/people\/wp-json\/wp\/v2\/tags?post=136608"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}