The Supreme Court has agreed to take up a case involving President Donald Trump's executive order that aimed to end birthright citizenship. The move, announced in January 2025, was met with swift opposition from judges and lawmakers across the country.
In a statement, Ian Millhiser, a senior correspondent at Vox, said, "There is no plausible argument that Trump's attack on birthright citizenship is constitutional." Millhiser, who has been following the case closely, noted that numerous judges have already blocked the executive order, citing its unconstitutionality.
According to court documents, the case was initially blocked by Reagan-appointed Judge John Coughenour in January 2025. Coughenour stated, "I've been on the bench for over four decades, and I can't remember another case where the question presented is as clear as this one is." Since then, several other judges have reached similar conclusions, further solidifying the argument against the executive order.
The issue at hand revolves around the 14th Amendment to the US Constitution, which grants citizenship to anyone born in the United States. Trump's executive order aimed to reinterpret this amendment, effectively ending birthright citizenship for children born to undocumented immigrants. Critics argue that this move would be a significant departure from established precedent and would have far-reaching consequences for the country's immigration policies.
Supporters of the executive order, including some conservative lawmakers, argue that it is necessary to address the issue of undocumented immigration. However, opponents argue that the move is unconstitutional and would disproportionately affect vulnerable populations, such as children born to undocumented immigrants.
The Supreme Court's decision to take up the case marks a significant development in the ongoing debate over immigration policy. The court's ruling is expected to have far-reaching implications for the country's immigration laws and the interpretation of the 14th Amendment.
The case is currently set to be heard in the Supreme Court's upcoming term, with a decision expected in the spring of 2026.
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