The Supreme Court on Tuesday blocked President Donald Trump’s contentious attempt to limit citizenship at birth for those born on U.S. soil, delivering a major blow to his agenda. The court, divided 6-3, ruled that the executive order Trump issued Jan. 20, 2025, the first day of his second term, was unlawful.
Majority Opinion Cites 14th Amendment
Five justices said the order fell foul of the Constitution’s 14th Amendment, which has long been interpreted to bestow birthright citizenship on almost anyone born in the United States. One justice, conservative Brett Kavanaugh, said the order violated federal law but not the Constitution. Writing for the majority, Chief Justice John Roberts wrote there was “scant evidence” in favor of the Trump administration’s radical reimagining of the way the law has been understood for decades.
“Citizenship then and now, was the right to have rights — to freely participate in our political community,” Roberts wrote. The 14th Amendment was enacted after the Civil War to ensure that everyone, including former slaves, would have those rights, he added. “We keep that promise today,” Roberts said.
Third Major Supreme Court Loss for Trump
It is the third significant Supreme Court loss for Trump in recent months, following the February ruling that invalidated his sweeping tariffs and Monday’s decision that barred him from immediately firing Lisa Cook from the Federal Reserve. The court has a 6-3 conservative majority, including three justices Trump himself appointed, and has ruled in the president’s favor in other important cases.
Dissenting Justices
Three conservatives would have ruled in Trump’s favor, saying that the 14th Amendment would allow his executive order: Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.
