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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump Administration Asks Supreme Court to Allow End of Birthright Citizenship - NYT
NYT - Gift LinkMr. Trump issued the order on his first day in office, but it has been blocked by the courts ever since.
In a pair of petitions, government lawyers argued that the Constitutions promise of citizenship was conferred on freed slaves and their children, not on the children of aliens temporarily visiting the United States or of illegal aliens.
The common understanding of the 14th Amendment for more than a century, upheld by the Supreme Court, has guaranteed citizenship to children born in the United States. But D. John Sauer, the solicitor general, argued that such a view was mistaken, according to the filings, which were reviewed by The New York Times but have not yet appeared in the courts public case-tracking system.
If the justices were to take the case, the court could hear arguments on the matter during its upcoming term, which is set to begin in early October. Decisions are typically announced by late June or early July.
The Justice Department did not immediately respond to a request for comment.

AnnaLee
(1,311 posts)Unless evolution to human, or the garden of eden, your choice, took place within the US boundaries, there would be no US citizens if birthright citizenship were not recognized under some definition that, I don't think, is anywhere in the Constitution. Even if we assume evolution to human, or the garden of eden, did occur inside the US borders, was that the beginning of all races or just of the white race? Sorry, I'm so confused. I seem to recall that not all Native Americans have the same original origins.
B.See
(6,810 posts)NEVER thought of all Americans as "real" Americans anyway. And I'm not talking immigrants.
LetMyPeopleVote
(170,428 posts)The administration had previously urged the justices to rule only on a procedural issue in the case, not the merits of the issue.
After he tried to avoid it, Trump now asks Supreme Court to rule on birthright citizenship - MSNBC apple.news/AYGjPgS6YQBG...
— (@oc88.bsky.social) 2025-09-29T20:14:56.977Z
https://www.msnbc.com/deadline-white-house/deadline-legal-blog/birthright-citizenship-trump-supreme-court-rcna234469
But now the administration has finally asked the high court to weigh in on the merits of Trumps order, which effectively aimed to unilaterally rewrite the Constitution, law and precedent or at the very least, the long-held understanding of those things.....
The high court majority issued the procedural ruling the administration wanted in June. But that still left open the underlying question of the orders legality. After losing the latest round of litigation again in the lower courts, the administration has now returned to the justices, asking them to confirm the original meaning of the Citizenship Clause. That clause of the 14th Amendment, which has long been understood to grant automatic citizenship to people born on U.S. soil, says: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Again, the administration could have asked for such a ruling months ago, instead of first seeking the procedural ruling it pressed in Trump v. CASA. The administration has not been shy about ringing up the justices when it has felt the need to do so. In any event, we are now closer to the justices finally deciding the matter. The plaintiffs, whove been winning in the lower courts, will have a chance to weigh in before the justices consider whether and when to take it up.
The prior SCOTUS ruling was procedural to block nationwide injunctions in most cases. trump was hoping that the procedural ruling from SCOTUS would require each and every court to have to rule on the birthright citizenship issue. However, the plaintiffs were anticipating the SCOTUS narrow procedural ruling and converted most of the cases into class actions. There are now more than a couple courts who have ruled in class actions that trump's birthright citizenship position is void and these cases are nationwide injunctions and so now trump is asking for a ruling on the merits of trump's bizarre reading of the 14th Amendment.
I think that trump's position on the 14th Amendment is very weak and hopefully Roberts will NOT rewrite the 14th Amendment to make trump happy.