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Mar 31, 2026, 10:00 AM

Supreme Court to weigh Trump's bid to end birthright citizenship

The Supreme Court will consider the legality of President Trump's executive order seeking to end birthright citizenship.

MQ

Melissa Quinn

Staff Writer · CBS News

Supreme Court to weigh Trump's bid to end birthright citizenship

Image courtesy CBS News

Washington — The Supreme Court on Wednesday is set to weigh whether President Trump's executive order seeking to end birthright citizenship withstands constitutional and legal muster, a case that tests a key aspect of the president's second-term immigration agenda.

At issue in the case, known as Trump v. Barbara, is whether Mr. Trump's directive, issued on his first day back in the White House, comports with the 14th Amendment's Citizenship Clause and federal immigration law.

Supreme Court to weigh Trump's bid to end birthright citizenship

The dispute arrives at the high court as its conservative majority has handed the president several preliminary victories in cases over his immigration policies, allowing some of them to be enforced while legal proceedings continue.

But opponents of the birthright citizenship order hope the justices will hand him a defeat in this case, especially after the court struck down Mr. Trump's most sweeping tariffs in February.

The president has condemned the Supreme Court in the wake of that decision, attacking two of the conservative justices he appointed and who voted to invalidate the levies as "bad for the country. " Mr.

Trump may be bracing for a loss in the birthright citizenship case, writing on Truth Social last month that the Supreme Court "will find a way to come to the wrong conclusion.

"The high court has "started to push back after an inauspicious but unexplained set of rulings on the shadow docket," said Norm Eisen, co-founder of Democracy Defenders Fund, which is co-counsel with the American Civil Liberties Union in the birthright citizenship case.

"Now that we're getting final rulings in cases like the National Guard case or the tariffs case, the high court is joining the trial and appellate courts in barring Donald Trump's illegal action, and they should do the same when it comes to birthright citizenship.

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