Lawyers for Donald Trump cited 19th-century legal scholars linked to white supremacist views in Supreme Court briefs defending his effort to end birthright citizenship.
The filings land just days before the Supreme Court of the United States hears arguments on April 1. So now, a long-settled constitutional question is back in play, with the administration asking the court to narrow who qualifies as an American at birth.
At the center is Trump’s executive order targeting children born in the United States to certain immigrants. For more than a century, the 14th Amendment has been understood to grant citizenship to nearly everyone born on U.S. soil. However, the administration’s legal defense pulls from scholars who argued the opposite during the late 1800s.
Among them is Alexander Porter Morse, a former Confederate officer whose legal theories helped shape the “separate but equal” doctrine. In another example, attorneys cited Francis Wharton, who warned that granting citizenship to Chinese immigrants would bring “foreign barbarism” into the country.
Those arguments did not hold then.
In 1898, the Supreme Court ruled in United States v Wong Kim Ark that a man born in San Francisco to Chinese immigrant parents was a U.S. citizen. That decision cemented birthright citizenship, with narrow exceptions like children of diplomats.
Critics say the current case ignores that history.
The legal defense is “built on a racist foundation,” attorney Justin Sadowsky told the court, pointing to repeated references to arguments already rejected. His group identified at least 19 instances where those ideas appear in the government’s briefs.
Also, ACLU attorney Cody Wofsy said the claims are “entirely recycled” from more than a century ago. He added the effort reflects “a broader effort to reshape the demographics of this country.”
The White House disagrees.
Spokeswoman Abigail Jackson said, “The Supreme Court has the opportunity to review the Fourteenth Amendment’s Citizenship Clause and restore the meaning of citizenship in the United States to its original public meaning.”
If the court sides with the administration, the impact could be immediate.
Advocates warn that thousands of newborns each year could be denied citizenship, creating confusion for families and altering how basic rights are applied.
“Right now, having a baby in the United States is straightforward,” Wofsy said. “This executive order would end that and create chaos for all of us.”
Four of Trump’s kids were born to immigrant mothers! His youngest son was born to a mother who was NOT an American citizen when he was born! If anyone should not have birthright citizenship‼️