The Corner

Birthright Citizenship Case Comes to the Supreme Court

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Demonstrators gather outside the U.S. Supreme Court as justices hear arguments on the Trump administration’s bid to limit birthright citizenship, Washington, D.C., April 1, 2026.

Kylie Cooper/Reuters

This morning, the U.S. Supreme Court will hear the much anticipated oral arguments in the birthright citizenship case, Trump v. Barbara. I confess that I am pretty much where I was when I wrote about it after President Trump’s executive order, at the start of his non-consecutive second term.

To cut to the chase, I believe the president is right about the policy: The drafters of the 14th Amendment (ratified in 1868) did not intend to grant birthright citizenship to children born in the United States to the non-American parents who were subject to the jurisdiction of a foreign sovereign. The principal objective of the amendment was to reaffirm the American citizenship of freed slaves (which had been affirmed by the Civil Rights Act of 1866).

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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