SCOTUS case could redefine birthright citizenship and test presidential power

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The U.S. Supreme Court is set to hear arguments in a case that could reshape one of the most fundamental questions of American identity: who is entitled to citizenship. At the center of the case — Trump v. Barbara — is challenging the 2025 executive order from President Donald Trump aimed at ending birthright citizenship for certain children born on U.S. soil. For more than 150 years, the 14th Amendment has been widely interpreted to guarantee citizenship to anyone born in the United States. The amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.” That interpretation was solidified in the 1898 Supreme Court case United States v. Wong Kim Ark, which extended citizenship rights to children born in the U.S. to non-citizen parents. Now, that precedent is being tested. Supporters of the Trump administration’s policy argue the 14th Amendment was originally intended to grant citizenship to formerly enslaved people — not to children of undocumented immigrants or temporary visitors. In past remarks, Trump has said expanding birthright citizenship beyond that original scope places a strain on the country’s resources and was never the amendment’s intent. “There are some arguments the United States is making around transience versus permanence, around loyalty to the United States," said California Attorney General Rob Bonta in January 2025, in response to the executive order "These are more fringe theories that have never been adopted by courts and shouldn't be adopted here.” Legal experts say the case hinges on two major questions: the meaning of the 14th Amendment and the limits of presidential power. “It’s not just whether the 14th Amendment means what we’ve generally thought it means,” said Joshua Kastenberg, a law professor at the University of New Mexico. “It’s also whether a president can limit what is written in the Constitution through executive action.” Kastenberg added that changing birthright citizenship would require a constitutional amendment — not an executive order. Critics warn that if birthright citizenship ended, it could create a new class of people born in the U.S. who are not recognized as citizens, a shift with far-reaching legal and social implications. “There’s a long history of case law which basically states that when you are in the United States, you are both subject to its laws and protected by them,” Kastenberg said. “The argument being made here has not been part of mainstream constitutional thinking.” Kastenberg says the Supreme Court may ultimately avoid ruling broadly on the meaning of the 14th Amendment and instead focus on whether the president overstepped his authority. READ MORE: https://13wham.com/news/nation-world/supreme-court-to-hear-case-that-could-redefine-birthright-citizenship-trump-v-barbara-executive-order-immigration-law-14th-amendment _______________ Stay up to date with our social media: 13 WHAM on Facebook: https://www.facebook.com/13WHAM 13 WHAM on Twitter: https://twitter.com/13WHAM 13WHAM on Instagram: https://www.instagram.com/13whamtv/?hl=en 13WHAM on TikTok: https://www.tiktok.com/@13wham?lang=en 13 WHAM Daily Local News Digest: https://www.youtube.com/playlist?list=PLuTJB6tta5ar3Fu5CumAvlvVunEP6bc9A For more information, visit https://13wham.com/ Have a news tip? Send it directly to us: Email us: [email protected] Call the Newsroom: (585) 334-8700 WHAM is a NY based station and a ABC Television affiliate owned and operated by Deerfield Media, Inc and receives certain services from an affiliation of Sinclair Broadcast Group. Sinclair Broadcast Group, Inc. is one of the largest and most diversified television broadcasting companies in the country today. #13WHAM #News #Rochester #NewYork