Skip to content
Search

Latest Stories

Follow Us:
Top Stories

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

News

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

Are State Courts More Protective of Transgender People than Federal Courts?

The U.S. Supreme Court ruled on Tuesday that state laws prohibiting trans women and girls from participating on female sports teams do not violate the Equal Protection Clause — the seventh Supreme Court ruling curbing the rights of trans people in just the past 14 months. Since May 2025, the Supreme Court has allowed the Trump administration to ban trans people from serving in the military, upheld a Tennessee law banning gender-affirming care for trans minors, given anti-LGBTQ+ parents a veto over LGBTQ+-inclusive content in their children’s classrooms, endorsed Trump’s policy requiring trans people to list their sex assigned at birth on their passports, reinstated an injunction against policies barring schools from outing trans students to their parents against students’ wishes, and determined that Colorado’s ban on anti-LGBTQ+ conversion therapy must be subjected to strict scrutiny, a form of judicial review that almost no law survives.

However, there may be some cause for optimism. In an article published in The Virginia Journal of Social Policy & the Law, I conducted a comprehensive survey of state court cases that impacted the rights and lives of trans people between 2022 and 2024. The survey showed state courts have an essential role to play in protecting trans people in an increasingly hostile political environment. Amongst some ominous signs for trans rights, there were important signals of hope in the survey.

Keep ReadingShow less
A gavel.

The rule of law, American democracy, constitutional rights, and judicial independence.

Getty Images, David Talukdar

In Texas, People Don’t Kill People, Guns Kill People

It has been said that a good prosecutor can get a grand jury to indict a ham sandwich. Apparently, that’s not the case in very red Collin County, Texas, where a self-described recovering alcoholic fatally shot his daughter in the chest, only to be let off the hook by a sympathetic grand jury. As a retired justice of the New York State Supreme Court, the case intrigued me and I tried to understand why the prosecutor, upon failing to obtain an indictment, did not try again.

In January 2025, the victim and her boyfriend traveled from England to visit her father at his home in Collin County where the shooting occurred. Although evidence presented to a grand jury cannot be disclosed, it is reasonably assumed that the grand jury was provided with the statement made by the father to the police at the scene immediately following the shooting. In that statement, the father related how he had taken his daughter, at her request, to see his gun, and that when he brought her to his bedroom and removed the gun from a cabinet in which he kept it, “it went off.” He could not recall if his finger had been on the trigger.

Keep ReadingShow less
Citizens in Name Only: What the Supreme Court Can’t Fix
beige concrete building under blue sky during daytime

Citizens in Name Only: What the Supreme Court Can’t Fix

This month, the Supreme Court will rule on Trump v. Barbara, the case that could upend birthright citizenship as we have known it for over a century.

But the current debate over birthright citizenship overlooks the fact that legal citizenship — by birthright or naturalization — has never fully protected marginalized Americans. People of color, women, LGBTQ, and lower-income Americans have long been CINOs: Citizens in Name Only. Throughout our 250-year history, they have lacked full social citizenship - access to social/welfare entitlements, political citizenship – access to voting rights, and cultural citizenship – recognition as members of the American family. So, while a court ruling can determine who gets a U.S. birth certificate, it cannot guarantee societal inclusion.

Keep ReadingShow less
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy

Black and white illustration of voters

State Court Report

How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy

With its April ruling in Louisiana v. Callais, the Supreme Court delivered yet another blow to the Voting Rights Act, specifically Section 2, which governs race in redistricting. The decision was sad and utterly predictable, but still nothing short of astonishing. Justice Samuel Alito wrote for the Court’s conservative supermajority, stealthily setting aside 40 years of legal precedent under Section 2 largely on the belief that racism is a thing of the past and extreme partisan gerrymandering is, in effect, a fundamental right of state lawmakers. Callais had a tortured path to the Court, a feature of the case that has undoubtedly been eclipsed by the lawless nature of the ruling itself, all of which reveals that the Supreme Court represents the gravest threat to multiracial democracy in the United States. (I argued as much in a law review article, predicting the outcome and analyzing the ways a Court gone rogue might get to that ruling.)

What’s more? In recent years, the Court has played fast and loose with a “principle” purportedly meant to limit chaos around elections, known as Purcell. But instead of limiting chaos, the Court’s Purcell jurisprudence will hasten and aggrandize the already-problematic impact of the Callais ruling. As the nation’s redistricting wars inevitably continue — in this election season, the 2028 presidential campaign, and even the next decade — state courts can help stave off democratic erosion by resisting the urge to invoke Purcell.

Keep ReadingShow less