In a closely watched case, the United States Supreme Court heard arguments Thursday on whether President Donald Trump’s executive order to end birthright citizenship should move forward—an effort that could reshape immigration law and presidential power, as reported by BBC News.
The heart of the debate centers on whether lower courts can block presidential orders nationwide. The Trump administration argues such power should be limited, while several states and immigrant rights groups fear this could lead to legal confusion across the country.
Arguing for the government, US Solicitor General D. John Sauer said lower courts acted too quickly and broadly in blocking Trump’s executive order. He claimed such decisions force judges to make “rushed, high-stakes, low-information decisions.” Sauer suggested class-action lawsuits as an alternative, though critics noted those are slow and don’t offer quick protection in emergencies.
New Jersey Solicitor General Jeremy Feigenbaum, representing over 20 states, pushed back strongly. He said allowing Trump’s order would create “chaos on the ground,” with citizenship rights potentially differing from state to state. “Since the 14th Amendment, our country has never allowed citizenship to vary based on geography,” Feigenbaum said, warning of harm to access to benefits and accurate record-keeping.
The court’s justices appeared divided during the two-hour session. Liberal Justice Elena Kagan asked why the administration brought the case, given it had lost in every lower court. Conservative Justice Samuel Alito expressed concern over lower courts having too much power, calling it an “occupational disease” to assume judges are always right.
Outside the court, protesters gathered in opposition to Trump’s move. Former House Speaker Nancy Pelosi joined demonstrators, reading from the Constitution and declaring, “This is about birthright, citizenship, and due process.”
Trump’s executive order challenges the 14th Amendment, which grants citizenship to all born or naturalized in the U.S. He claims that the children of undocumented immigrants do not qualify. But federal courts in Maryland, Massachusetts, and Washington quickly blocked the order with nationwide injunctions.
Legal experts believe Trump’s attempt faces an uphill battle, as the 14th Amendment’s language has been upheld for generations. Still, a Supreme Court ruling in his favor could allow the president to bypass Congress more freely using executive orders.
A decision is expected in the coming months. Until then, the future of birthright citizenship—and presidential authority—remains uncertain.
