Barbara v. Trump (Birthright Citizenship N)
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Overview
On his first day back in office, President Trump signed an executive order reinterpreting the Fourteenth Amendment to deny birthright citizenship to children born in the United States to parents who are not citizens or lawful permanent residents. A reading that conflicts with the amendment's text, 150 years of practice, and the Supreme Court's 1898 decision in United States v. Wong Kim Ark. Federal courts immediately blocked the order nationwide. The Supreme Court heard argument in April 2026 on the universal injunction question and the merits together; a decision is expected before July 4. Bryan's read from oral argument signals is that the government likely loses on the merits, though the universal injunction issue may produce a fragmented ruling. The case is the most significant constitutional question in the current term.
The Facts
Facts
On his first day back in office, President Trump signed an executive order reinterpreting the Fourteenth Amendment to deny automatic citizenship to children born in the United States to parents who are not themselves citizens or lawful permanent residents. Multiple district courts immediately enjoined the order. The ACLU and NAACP filed a class action in the District of New Hampshire challenging the order as unconstitutional.
The Issue
Issue
Whether a presidential executive order directing federal agencies to refuse to recognize birthright citizenship for children born in the United States to parents who are not citizens or lawful permanent residents violates the Fourteenth Amendment's Citizenship Clause. Whether United States v. Wong Kim Ark forecloses executive reinterpretation of the Citizenship Clause without a constitutional amendment.
The Rules
Rule
The Fourteenth Amendment, § 1, provides that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' United States v. Wong Kim Ark, 169 U.S. 649 (1898), held that a child born on U.S. soil to foreign-national parents who have a permanent domicile in the United States is a citizen by birth under the Fourteenth Amendment. The President lacks authority to override constitutional provisions or established Supreme Court constitutional interpretation through executive order.
The Application
Analysis
The executive order argues that "subject to the jurisdiction thereof" should be read narrowly. That children born to parents who are in the country illegally or on temporary visas are not "subject to the jurisdiction" of the United States in the constitutional sense. The government relies on the original public meaning of the phrase at ratification, arguing it was understood to require complete allegiance, not merely physical presence.
The Conclusion
Conclusion
Pending decision. A ruling for the government would overturn Wong Kim Ark and fundamentally redefine American citizenship for the first time since the Fourteenth Amendment was ratified in 1868.
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