Odds Of SCOTUS Striking Down Trump's Birthright Citizenship EO Spike

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Update (1240ET): Odds are not looking good for President Trump's executive order restricting birthright citizenship, as two conservative justices now seem skeptical amid today's oral arguments.

As journalist Eric Daugherty notes on X, "SCOTUS Justice John Roberts is VERY skeptical of President Trump ending birthright citizenship, repeatedly firing back at Trump's top lawyer," noting that Roberts paid no mind when US Solicitor General John Sauer brought up the fact that China has 500 birth tourism companies that bring people to the US to have children.

"That has no impact on the legal analysis...it's a new world, it's the same Constitution," said Roberts.

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Trump departs Supreme Court shortly after hearing his argument to end to birthright citizenship​

President Donald Trump on Wednesday became the first sitting U.S. president to attend a Supreme Court oral argument, observing proceedings in a high-stakes case involving his administration’s effort to end automatic birthright citizenship.

Trump arrived shortly before arguments began and sat in the front row of the public gallery, behind the section reserved for attorneys and members of the court’s bar. He was accompanied by Attorney General Pam Bondi and Commerce Secretary Howard Lutnick.

The case, Trump v. Barbara, concerns a January 2025 executive order Trump signed on the first day of his second term. The executive order seeks to deny automatic U.S. citizenship to children born in the United States to parents who are in the country unlawfully or on temporary visas. Lower courts have blocked the policy, finding it likely violates the 14th Amendment’s Citizenship Clause.

During the more than two-hour session, U.S. Solicitor General John Sauer defended the administration’s position, facing pointed and at times skeptical questions from several justices, including some appointed by Trump.

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Shortly after returning to the White House, Trump shared his reaction on Truth Social: “We are the only Country in the World STUPID enough to allow ‘Birthright’ Citizenship!”

The Supreme Court is expected to issue a decision in the case by early summer 2026. Legal observers noted that several justices, including members of the conservative majority, appeared skeptical of the administration’s effort to reinterpret the 14th Amendment during the more than two-hour session.

Trump departs Supreme Court shortly after hearing his argument to end to birthright citizenship

Trump departed courtroom shortly after ACLU attorney Cecillia Wang began presenting arguments defending the long-standing interpretation of the 14th amendment.

justthenews.com