Donald Trump is taking his battle against birthright citizenship all the way to the Supreme Court. His administration filed emergency appeals on Thursday, pushing for the justices to greenlight his controversial policy; one that lower courts have repeatedly struck down as unconstitutional.
At the heart of the issue is the 14th Amendment, which has guaranteed birthright citizenship for over 150 years. The amendment states that anyone “born or naturalized in the United States” is automatically a citizen, regardless of their parents’ immigration status. This was reaffirmed by the Supreme Court in 1898, and since then, legal experts have overwhelmingly agreed on its interpretation.
But Trump and some conservative scholars argue that the phrase “subject to the jurisdiction” of the U.S. means that children of undocumented immigrants shouldn’t qualify. This legal theory has been rejected by multiple courts, with a federal judge calling Trump’s executive order “blatantly unconstitutional.” Even appeals courts have refused to allow the administration to enforce the policy while legal battles continue.
Despite these setbacks, Trump isn’t backing down. His legal team is urging the Supreme Court to intervene, arguing that nationwide injunctions blocking the order are an overreach by lower courts. If the justices take up the case, it could set the stage for a major ruling on immigration and citizenship; one that could reshape America’s legal landscape.
Will the Supreme Court entertain this challenge, or will they let 150 years of legal precedent stand? That remains to be seen.
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