The Supreme Court heard arguments Wednesday on President Donald Trump’s 2025 executive order restricting birthright citizenship, and a majority of the justices sounded skeptical. But the court has two paths to block Trump’s order, and it matters which one it takes. The 14th Amendment promises citizenship to anyone “subject to the jurisdiction” of the United States and born on its soil. The Trump administration claims the modern “misreading” of the 14th Amendment took root during the Franklin D. Roosevelt years. “Does that give Congress room,” Kavanaugh asked Sauer, to adjust the scope of birthright citizenship?

Source: Washington Post April 02, 2026 03:09 UTC