Supreme Court Blocks Trump Birthright Citizenship Order but Signals Congress Can Set Limits

The Supreme Court ruled 5-4 on June 30 to block President Trump’s executive order ending birthright citizenship for children of parents in the country illegally or temporarily. Chief Justice John G. Roberts Jr.

Wrote the majority opinion joined by the three liberal justices and Justice Amy Coney Barrett. The opinion held that the text of the 14th Amendment is clear and was clearly understood in 1868. Justice Brett M. Kavanaugh concurred. He stated the Constitution must adjust to “modern situations that were unknown or unanticipated” by its framers.

Kavanaugh voted with the majority because Congress adopted birthright citizenship in a 1952 law.

He added that Congress could enact new legislation establishing exceptions consistent with the 14th Amendment. Justice Samuel A. Alito Jr. dissented. ” Alito described significant illegal immigration as a new circumstance largely unknown as of 1868.

Justice Clarence Thomas dissented and argued that citizenship of a child should turn on whether the parents were “domiciled” in the United States. Justice Neil M. Gorsuch agreed in part with Thomas and questioned whether newborns of temporary visitors should be citizens at birth.

The 14th Amendment states that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens. In 1898 the Supreme Court upheld birthright citizenship in United States v. Wong Kim Ark for a child born in San Francisco to Chinese parents.

There were no federal immigration laws in the mid-19th century. ” Los Angeles Times reported the ruling and the separate opinions.