SCOTUS Birthright Citizenship Arguments: Bipartisan Skepticism; Trump Becomes First Sitting President to Attend Supreme Court Oral Arguments
The Supreme Court heard oral arguments on Trump's executive order attempting to end birthright citizenship for children of undocumented immigrants under the 14th Amendment. Both liberal and conservative justices expressed deep skepticism that the President has authority to reinterpret the 14th Amendment's citizenship clause by executive order alone — with several conservatives suggesting a constitutional amendment, not an EO, would be the proper vehicle. In a historic first, President Trump attended the oral arguments in person, becoming the first sitting US president to appear at the Supreme Court for oral arguments. Legal scholars noted the unusual move raised questions about judicial independence. The case followed by one day the Court's landmark 6-3 ruling in Trump v. CASA barring nationwide injunctions, placing the full scope of executive authority under intense legal scrutiny. The case was heard alongside the nationwide injunctions question, as the administration argued lower courts blocking the birthright EO lacked authority under Trump v. CASA. The Court is expected to rule by June 2026.
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