What to know about the Supreme Court’s blockbuster birthright citizenship case
This week, the U.S. Supreme Court will hear arguments in what could be one of the most significant cases of the 21st century: birthright citizenship.Before the Court is whether the...
By Fox News · Fox News
This week, the U.S. Supreme Court will hear arguments in what could be one of the most significant cases of the 21st century: birthright citizenship. Before the Court is whether the Trump executive order that ends birthright citizenship complies with the citizenship clause of the 14th Amendment, after multiple judges blocked the order from taking effect as it was litigated. In plain speak, the Court will look at whether someone born on U.S. soil automatically becomes a citizen irrespective of their parents’ status. ALITO BLASTS LAWYER'S WORD-SALAD BLURRING ASYLUM LAW Given that courts have routinely upheld birthright citizenship for over a century now, the Trump administration faces an uphill battle. However, the current Court has not shied away from overturning high-profile decisions: think Dobbs overturning Roe (abortion), and Loper overturning Chevron (the administrative state). The mere fact the Court decided to take up this issue at all is very interesting. As always, the devil will be in the details in terms of how broadly, or narrowly, they decide the case – or if they find some way to punt it altogether. The Fourteenth Amendment , Section 1 of the Constitution states: "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." SUPREME COURT PREPARES TO REVIEW TRUMP EXECUTIVE ORDER ON BIRTHRIGHT CITIZENSHIP Its history : The Fourteenth Amendment was ratified in 1868 in response to 1) the end of the Civil War and 2) the 1857 Dred Scott decision, which concluded that enslaved people (and their children) were not American citizens and thus had no rights and couldn’t sue in federal court, among other things. Notably, Michigan Senator Jacob Howard wrote the "subject to the jurisdiction thereof" clause and said in speeches at the time that the clause did not include "persons born in the United States who are foreigners, aliens, who belong to families of amb…