Name: Why the Supreme Court Blocked Trump’s Order on Birthright Citizenship
Uploaded: 2026-06-30T23:00:00Z
Duration: 2 min 31 s
Description: WSJ’s Louise Radnofsky breaks down the Supreme Court’s 6-3 decision to reject President Trump’s attempt to ban birthright citizenship.

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WSJ’s Louise Radnofsky breaks down the Supreme Court’s 6-3 decision to reject President Trump’s attempt to ban birthright citizenship. Photo: Douliery Olivier/Abaca/ZUMA Press

https://m.wsj.net/video/20260630/b4fecb8a-7a54-42e2-b87e-8b188211a63f/5/hls/manifest-hd-wifi.m3u8

WSJ’s Louise Radnofsky breaks down the Supreme Court’s 6-3 decision to reject President Trump’s attempt to ban birthright citizenship.

Why the Supreme Court Blocked Trump’s Order on Birthright Citizenship

The Supreme Court has struck down President Trump's attempt to withhold American citizenship from babies born to people in the United States temporarily or illegally. Trump's executive order on birthright citizenship had always been considered to be something of a legal long shot. Ultimately, five justices found it unconstitutional. Chief Justice John Roberts and Justices Sotomayor, Kagan, Barrett, and Jackson. A sixth, Brett Kavanaugh, said it isn't permitted under federal law, specifically the Immigration and Nationality Act. Trump had talked about ending automatic birthright citizenship, going all the way back to 2015, and signing this executive order was one of the first things he did in his second term of office. But, he repeatedly said he expected the court to rule against him.

You'll have 25% of the people coming into our country coming in through birthright citizenship, and we won't have any control. This decision by the Supreme Court is a very big one. They'll probably rule against me because they seem to like doing that.

Here's what this decision turned on. For five justices, it came down to the Fourteenth Amendment of the US Constitution ratified in 1868. That amendment opens with the citizenship clause. All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States. The Trump administration had argued that the amendment had been misunderstood for more than a century and was never intended to extend citizenship to the children of people in the United States temporarily or illegally.

This was signed right after the Civil War. You look at the dates, the dates alone, immediately after this was having to do with the babies of slaves.

Chief Justice Roberts disagreed. "Citizenship, then and now, was the right to have rights," he wrote. The framers of the Fourteenth Amendment extended that promise to every freeborn person in this land. We keep that promise today. Justice Kavanaugh looked instead to what Congress did in 1940 and 1952 when it put the language of the Fourteenth Amendment into laws about citizenship. Justices Alito, Thomas, and Gorsuch dissented. So, what happens now? President Trump is not likely to walk away from this issue. The court's ruling on his citizenship order doesn't stop him from trying to use the powers of the federal government to limit, for example, pregnant foreigners from coming into the United States. Just as his administration has sought to limit travel and immigration more generally.