Birthright citizenship remains law of the land -- for now -- despite SCOTUS ruling
Share and Follow

In the United States, birthright citizenship is still in place after the recent Supreme Court decision. This decision has restricted judges from issuing broad injunctions that stop executive actions.

Moments after the 6-3 ruling, the Trump administration announced plans to move forward with the president’s Day One executive order redefining the 14th Amendment’s promise that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

“Thanks to this decision, we can now promptly file to proceed with numerous policies that have been wrongly enjoined on a nationwide basis, and some of the cases we’re talking about would be ending birthright citizenship, which now comes to the fore,” President Trump said during a rare appearance in the White House briefing room.


Protestors holding a banner that reads "We Are Home" in front of the Supreme Court.
The Supreme Court’s 6-3 ruling did not judge the birthright citizenship question on its merits. Eric Kayne/ZUMA / SplashNews.com

“That was meant for the babies of slaves. It wasn’t meant for people trying to scam the system and come into the country on a vacation.”

“Yes, birthright citizenship will be decided in October in the next session by the Supreme Court,” Attorney General Pam Bondi affirmed moments later, even though the high court has yet to finalize its argument schedule and no cases related to the executive order have been picked for review by the justices.

In an opinion authored by Justice Amy Coney Barrett, the court ruled that the practice of a single district judge issuing a nationwide ruling “likely exceed” the authority laid out by the Judiciary Act of 1789.

Notably, the court did not decide whether Trump’s actual order was constitutional.

“If there’s a birthright citizenship case in Oregon, it will only affect the plaintiff in Oregon, not the entire country,” was how Bondi explained the ruling.

Trump’s order would limit US citizenship to children who have at least one parent who is a US citizen or lawful permanent resident.

The action was enjoined three days after Trump signed it by a Seattle federal judge, who called the move “blatantly unconstitutional.”


President Trump giving a press conference.
President Trump said the administration now can go forward with “numerous policies that have been wrongly enjoined on a nationwide basis.” ZUMAPRESS.com

On Friday afternoon, the American Civil Liberties Union filed a fresh class-action lawsuit challenging the birthright citizenship order, a legal maneuver which must meet certain requirements before getting a hearing.

“This new case seeks protection for all families in the country, filling the gaps that may be left by the existing litigation,” the organization said in a press release. 

The 22 Democrat-led states that challenged Trump’s order also expressed confidence that it would never be enforced.

“We have every expectation we absolutely will be successful in keeping the 14th Amendment as the law of the land,” said Massachusetts Attorney General Andrea Campbell, “and of course birthright citizenship as well.”

Locally, a City Hall spokesperson confirmed to The Post that Friday’s Supreme Court ruling has no effect on New York City at this time.

With Post wires

Share and Follow
You May Also Like
$775 million Powerball: Winning numbers for Wednesday, Dec. 3

Find Out If Saturday’s $1.5 Billion Powerball Jackpot Has a Winner

WASHINGTON — The Powerball jackpot has skyrocketed to an impressive $1.5 billion,…
FILE - An attendee asks Pearl Harbor survivor Ira

WWII Navy Veteran and Pearl Harbor Survivor, Ira ‘Ike’ Schab, Passes Away at 105

Ira “Ike” Schab, a distinguished World War II Navy veteran and one…
Caprice, 54, reveals what she eats in a day to maintain her figure

Caprice, 54, Shares Daily Meal Plan for Fitness and Health Maintenance

Caprice has shared her secrets to maintaining her stunning figure after deciding…
Several elephants killed in train crash after impact causes multiple coaches to derail

Tragic Train Collision Claims Lives of Elephants, Causes Major Derailment

In a tragic incident early Saturday, a high-speed passenger train in northeastern…
What I tried to do to my married boss at the Xmas party is inexcusable

Scandal Unwrapped: Employee’s Inexcusable Behavior Towards Married Boss at Office Christmas Party

Dear Jane, I made a complete fool of myself at our company…
Elite Massachusetts boarding school rocked by teacher scandal and institutional cover-up allegations

Scandal Unfolds at Prestigious Massachusetts Boarding School: Allegations of Teacher Misconduct and Institutional Cover-Up Emerge

An esteemed all-girls boarding institution in Massachusetts, where annual tuition and accommodation…
LA deputies caught on camera racing into foggy ocean to rescue disoriented paragliders

Heroic LA Deputies Brave Foggy Waters to Rescue Stranded Paragliders in Daring Ocean Rescue

In a dramatic rescue caught on camera, two Los Angeles sheriff’s deputies…
Inside the Reiners' tragic last supper with famous friend

Heartbreaking Final Dinner: Reiners Share Emotional Evening with Iconic Friend

Just days before tragedy struck the household of director Rob Reiner and…