How the Right Could Actually End Birthright Citizenship
The conservative legal movement doesn’t consider the Supreme Court’s recent ruling to be the final word on the Fourteenth Amendment. And it already has a playbook for overturning it.
Early last year, pregnant woman Liza and her husband faced the stress of preparing for their child's birth, unaware that it could leave the baby stateless. Liza was in the U.S. temporarily, while her husband sought asylum. They could have applied for Russian citizenship, but feared that would be risky with his asylum application pending.
Under the 14th Amendment, children born on American soil automatically receive U.S. citizenship. However, President Trump's 2025 executive order changed this guarantee, stating only children with at least one parent being a U.S. citizen or green-card holder could be considered American. This posed a risk for Liza's baby, causing her anxiety about deportation and lack of legal protection.
In response, Liza joined a lawsuit against the order, joined by four other expectant mothers. The lawsuit aimed to prevent the policy from taking effect. Fortunately, a federal court blocked the policy shortly after. The Supreme Court later ruled that the policy violated the 14th Amendment, but the decision was made by a narrow margin.
Conservative justices would have allowed some restrictions on birthright citizenship. Despite the ruling, Trump's administration intends to keep fighting and is planning a narrower executive order targeting specific categories, such as children born to members of designated foreign terrorist groups. While this new order may be unconstitutional, it demonstrates the ongoing assault on the 14th Amendment by the right.
The MAGA movement aims to overturn the Supreme Court's ruling in Trump v. Barbara, drawing inspiration from the campaign against Roe v. Wade.
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