Judicial discord surfaces over birthright citizenship debates among Supreme Court justices
Rewritten Article:
Yo, let's talk about yesterday's Supreme Court's hearing, shall we?
AYMEN, HOST:
Right on! They were all over birthright citizenship, man. Lower courts have ruled that Trump can't strip that right with an executive order, but the administration says different.
INSKEEP, HOST:
So what's the deal here, Nina? Trump's lawyers want to revoke birthright citizenship for kids born to parents who are undocumented or on a temporary visa. multiple judges found this move unconstitutional.
TOTENBERG, BYLINE: That's right, Steve. The 14th Amendment already makes it clear that anyone born in the US becomes an American citizen. Trump, however, has always had his own take on things. So on his first day in office this year, he issued an executive order stating that kids born to these parents aren't eligible for automatic US citizenship. Yet, three different district court judges nixed this order, claiming it violates the Constitution. Plus, they've halting its enforcement nationwide until the appeals courts weigh in. The Trump administration says these judges overstepped their authority, so they went to the Supreme Court, asking it to lift those nationwide bans.
INSKEEP: That's 'cause, sometimes lower court rulings only apply to that specific case. A few justices don't seem to dig nationwide injunctions, though.
TOTENBERG: Well, the jury's still out, man. Trump's solicitor general, John Sauer, stuck with Trump's belief that the 14th Amendment just covers freed slaves and their offspring. Justice Sotomayor asked whether Trump would sit back if a new president ordered the military to seize everyone's guns. Then, Justice Kagan questioned Sauer about the birthright executive order.
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KAGAN: Suppose you're wrong. How do we end up with citizenship rules that aren't the ones we've traditionally followed but what the EO would have us do?
TOTENBERG: Later on, when Sauer danced around committing to follow any court ruling, Justice Barrett got suspicious. She asked if the administration would adhere to appeals court decisions. Sauer came back with an ambiguous response.
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SAUER: There are occasional situations when it's not an absolute policy.
INSKEEP: Peace out, he says, maybe we'll stick with the appeals court decisions, maybe not. How'd that sit with the justices?
TOTENBERG: Not too good, bro. Keep in mind, this is a Trump appointee who put the heat on him. Kavanaugh asked some practical questions, like, what do hospitals and states do when a new baby is born? Sauer responded, "We're clueless." Jackson chimed in, telling Sauer that courts would be turning the justice system into a game of cat-and-mouse if they had to wait for individual lawsuits in every instance. When Sauer suggested filing class actions instead, Feigenbaum, a lawyer for the states, warned that would create "unprecedented chaos."
INSKEEP: Alright, Nina, can you predict the Court's ruling?
TOTENBERG: Nah, man, I sure can't predict anything. Let's just wait and see. Transcript provided by NPR, Copyright NPR.
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Enrichment Data: Following the Supreme Court's oral arguments on May 15, 2025, President Trump's executive order on birthright citizenship remains blocked by several nationwide injunctions. The executive order, signed on Trump's first day in office during his second term, aims to deny citizenship to children born in the United States unless both parents are citizens or lawful permanent residents, interpreting them as not being "subject to the jurisdiction" of the U.S.[3][4][5]. The Supreme Court heard arguments on whether these injunctions are lawful, with the Trump administration arguing that individual district court judges should not be able to unilaterally block national policies[1][4]. The Court is expected to rule by the end of its current term in late June or early July, determining whether the executive order can proceed in states that have not challenged it[3][4].
- The Trump administration's argument before the Supreme Court aimed to overturn lower court rulings that blocked an executive order revoking birthright citizenship for children born to undocumented or temporary visa parents, a policy central to the politics of citizenship and immigration in the policy-and-legislation arena.
- The Supreme Court's decision on the constitutionality of President Trump's executive order on birthright citizenship could significantly impact general news headlines, as it would set legal precedents with far-reaching implications for immigrant families and the latest developments in policy-and-legislation concerning citizenship and immigration.
