The Supreme Court case Trump v. Barbara has given a platform to a growing number of conservative legal scholars to challenge the mainstream view of birthright citizenship and support President Trump.
The court heard arguments over President Trump’s executive order on birthright citizenship on April 1 and will rule in the coming months whether it violates either the Constitution or federal naturalization law.
The order prohibits federal agencies from recognizing citizenship for children born in the United States after Feb. 20, 2025, if their mother is unlawfully present and the father is neither a citizen nor a lawful permanent resident, or if the mother’s presence is temporary and the father lacks that status.
Enforcement of the order was paused by the lower courts, leading to the battle now before the Supreme Court.
The Birthright Citizenship Clause of the Fourteenth Amendment grants citizenship for “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.”
Over the months following the Court granting the case, eighteen briefs have been filed in support of the administration.
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