Skip to content
Search

Latest Stories

Top Stories

Supreme Court Weighs Trump’s Birthright Citizenship Order Amid Constitutional Debate

Supreme Court Weighs Trump’s Birthright Citizenship Order Amid Constitutional Debate

Members of CASA advocacy group gather outside of the Supreme Court in Washington, D.C. toask justices to protect birthright citizenship on May 15, 2025.

Angeles Ponpa/Medill NewsService

WASHINGTON- The Supreme Court on Thursday heard oral arguments over a Trump administration order that would deny automatic U.S. citizenship to children born on American soil to undocumented immigrant parents and others in the country temporarily. The order challenged more than a Century of legal precedent.

The case centers on Executive Order 14160, signed in January by President Donald Trump, which asserts that the 14th Amendment's Citizenship Clause does not apply to children born to noncitizens without permanent legal status. Lower courts swiftly blocked the policy, prompting a high-stakes showdown over both the scope of the amendment and the president's power to unilaterally reinterpret it.


Solicitor General D. John Sauer, defending the administration, argued that the 14th Amendment was intended to grant citizenship specifically to formerly enslaved people, not to “illegal aliens or people here temporarily.”

“We have our lower courts making snap judgments,” Sauer said, criticizing nationwide injunctions as judicial overreach.

Justices across the ideological spectrum appeared skeptical of the administration’s argument.

“Congress decides birthright citizenship, not the executive branch,” said Justice Sonia Sotomayor flatly.

Justice Brett Kavanaugh suggested that the administration’s order would create a chaotic situation for hospitals.

“How’s it going to work? What do hospitals do with a newborn? What do states do with newborns?” he said.

Justice Ketanji Brown Jackson expressed concern that Trump’s ban would force many families to pay for lawyers and file lawsuits to prove their children are legitimate citizens.

“Your case is turning the court system into a ‘catch me if you can’ regime where everyone has to get a lawyer and file a lawsuit,” said Jackson.

Justice Elena Kagan raised practical concerns about fairness, suggesting that only individuals with the resources to sue would be able to protect their rights. “The ones who can’t afford to go to court, they’re the ones who are going to lose,” she said.

- YouTubeyoutu.be

Outside the courthouse, protesters gathered with signs defending the right to citizenship. Among them was Maya, an undocumented immigrant from Mexico City who came to the United States to follow her husband in pursuit of a better economic life. She asked that her last name not be published because she feared deportation.

“Our intention isn’t to come to this country and have kids, maybe that comes after,” she said in Spanish. “Those of us who migrate, we come with the intention of a better life. Citizenship for kids of undocumented parents is a right, It shouldn’t matter what political opinions people have.”

Massachusetts Attorney General Andrea Campbell, who led a coalition of states challenging the order, warned that the executive action threatened to erode fundamental constitutional protections.

“If they can dismantle this amendment with a Sharpie and a stroke of a pen and give the president significant authority,” Campbell told the crowd, “It moves toward being a king versus a democratic president. They can come for the First Amendment, they can come for the Second.”

The case also raised questions about the legality of sweeping injunctions issued by federal judges to halt presidential policies nationwide. Some conservative justices indicated openness to curbing that power, even if they disagreed with the administration's reading of the Constitution.

Thursday’s arguments marked one of the most consequential immigration hearings at the high court in years, with implications that could go far beyond citizenship policy. A ruling in favor of the administration could significantly expand executive authority in defining constitutional rights.

A decision was expected by the end of June.

Angeles Ponpa is a graduate student at Northwestern Medill in the Politics, Policy, and Foreign Affairs specialization. Ponpa specializes in covering immigration and does bilingual reporting in both English and Spanish.

Read More

Lady Justice

On April 2, President Trump announced "Liberation Day"—the imposition of across-the-board tariffs on imports into the United States.

the_burtons/Getty Images

Trump’s Tariffs Are Unlawful: How the “Nondelegation Doctrine” Limits Congress

This guest post from Eric Bolinder, a professor of law at Liberty University, is based on his recent law review article on the constitutionality of President Trump's tariffs. Before Liberty University, Eric was counsel at Cause of Action Institute, where he helped litigate Loper Bright, the case that overturned Chevron deference, and at Americans for Prosperity Foundation.

On April 2, President Trump announced "Liberation Day"—the imposition of across-the-board tariffs on imports into the United States. Without congressional action, these tariffs are highly vulnerable to legal challenges as they may violate something called the "nondelegation doctrine." Recently, two courts, the Court of International Trade and the U.S. District Court for the District of Columbia, enjoined the tariffs (though both decisions are stayed), finding that the President had no statutory authority to implement them. These courts echoed what I'll discuss below, that if the statute does authorize tariffs, then they may be unconstitutional under the nondelegation doctrine.

Keep ReadingShow less
Just the Facts: Supreme Court Ruling in Trump v. CASA Narrows Judicial Power, Reshapes Legal Landscape
How reforming felony murder laws can reduce juvenile justice harms
Getty Images

Just the Facts: Supreme Court Ruling in Trump v. CASA Narrows Judicial Power, Reshapes Legal Landscape

The Fulcrum strives to approach news stories with an open mind and skepticism, striving to present our readers with a broad spectrum of viewpoints through diligent research and critical thinking. As best we can, remove personal bias from our reporting and seek a variety of perspectives in both our news gathering and selection of opinion pieces. However, before our readers can analyze varying viewpoints, they must have the facts.

The Supreme Court’s recent decision in Trump v. CASA marks a significant shift in the balance of power between the executive and judicial branches—particularly in how federal courts can respond to presidential actions.

Keep ReadingShow less
Manhunt in Minnesota Following “Politically Motivated” Shootings

A vehicle belonging to Vance Boelter is towed from the alley behind his home on June 14, 2025 in Minneapolis, Minnesota. Boelter is a suspect in the shooting of two Democratic-Farmer-Labor lawmakers.

(Photo by Stephen Maturen/Getty Images)

Manhunt in Minnesota Following “Politically Motivated” Shootings

A massive search is underway for Vance Boelter, accused of fatally shooting Democratic lawmaker Melissa Hortman and her husband and injuring State Sen. John Hoffman and his wife in what authorities are calling “politically motivated” shootings.

The FBI is offering a $50,000 reward for information that leads to the arrest of Boelter, whom authorities say was impersonating a police officer at the time of the shooting. Investigators also say the suspect had a vehicle with emergency lights and sirens. Inside the vehicle, they found a manifesto with lawmakers' names on it, as well as papers with No Kings written on them.

Keep ReadingShow less
Supreme Court Changes the Game on Federal Environmental Reviews

A pump jack seen in a southeast New Mexico oilfield.

Getty Images, Daniel A. Leifheit

Supreme Court Changes the Game on Federal Environmental Reviews

Getting federal approval for permits to build bridges, wind farms, highways and other major infrastructure projects has long been a complicated and time-consuming process. Despite growing calls from both parties for Congress and federal agencies to reform that process, there had been few significant revisions – until now.

In one fell swoop, the U.S. Supreme Court has changed a big part of the game.

Keep ReadingShow less