Tuesday, June 30, 2026
Vol. VIII
Est. 2019

The Mind Shield

News · Opinion · Politics · Analysis

Supreme Court upholds birthright citizenship.

Supreme Court upholds birthright citizenship.
Formal group photograph of the Supreme Court as it was been comprised on June 30, 2022. Photo: Fred Schilling, Collection of the Supreme Court of the United States.

The Supreme Court struck down Donald Trump’s attempts seeking to end birthright citizenship.

In a divided 6-3 ruling, the court reaffirmed the more than 100-year-old understanding that nearly all of those born in the United States are citizens.

Five of the justices — Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson — agreed that Trump’s executive order violates the 14th Amendment of the Constitution. Justice Brett Kavanaugh wrote separately to say he believes the order violates federal law.

The 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

“Citizenship, then and now, was the right to have rights — to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land,'” Roberts wrote in the majority opinion. “We keep that promise today.”

Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.

In dissent, Thomas wrote that the 14th Amendment was primarily aimed at formerly enslaved Black people.

“Blacks were entitled to citizenship because they were Americans. They had no other homeland, owed no allegiance to any foreign power, and were subject to no other authority,” he wrote. “The same could not be said for the children of foreign temporary visitors.”