Trump Administration Seeks Supreme Court Ruling on Birthright Citizenship Executive Order

The Trump administration has formally requested the Supreme Court to rule on the constitutionality of President Donald Trump's executive order that seeks to end automatic birthright citizenship. This request arises from legal challenges in Washington state and New Hampshire, which will likely determine the future of this contentious policy.

Historically, the 14th Amendment of the U.S. Constitution has been interpreted to grant citizenship to nearly all individuals born on U.S. soil, with exceptions primarily for children of foreign diplomats. The administration contends that this guarantee does not extend to children born to temporary visitors or individuals who entered the country illegally. Solicitor General D. John Sauer described the longstanding broad interpretation of the 14th Amendment as a "mistaken view" with "destructive consequences."

The current appeals differ from previous cases where the Supreme Court addressed the authority of federal judges to block policies nationwide during ongoing litigation. Unlike those emergency requests, these appeals are standard and may take months to resolve, potentially involving oral arguments in the Court's upcoming term starting in October and concluding in June next year.

As of Friday evening, the cases had not been officially docketed at the Supreme Court. The filings were obtained from the Washington state Attorney General’s Office and the American Civil Liberties Union, representing plaintiffs in the New Hampshire case. The Justice Department has not provided a comment on the matter.