Following the Supreme Court’s decision to reject his attempt to eliminate birthright citizenship, asserted under the 14th Amendment, President Donald Trump appeared unfazed by the setback on Tuesday. He expressed his dissatisfaction with the outcome, declaring it “unfortunate for the Country” and maintained confidence that Congress could rectify the situation through legislative action.
In a decisive 6-3 ruling, the court dismissed Trump’s executive order—issued on his first day in office. Chief Justice John Roberts, speaking for the majority, emphasized that originally and presently, citizenship entailed the entitlement to rights and involvement in our political society. The Framers of the Fourteenth Amendment intended to promise this to every free-born individual in the nation, a commitment upheld by the court’s verdict.
Reacting to the Supreme Court’s ruling, Trump took to his social media network to express his views. He commented, “The Supreme Court has upheld Birthright Citizenship, which is unfortunate for our country. Nevertheless, with support from Congress and the President, this setback can be efficiently countered through legislation, a clear path identified during this process,” he stated on his platform.
He further elaborated that a cumbersome Constitutional Amendment was unnecessary, advocating instead for Congress to immediately begin efforts to terminate what he described as the costly and inequitable practice of Birthright Citizenship.
Established through both constitutional principles and a 1940 federal statute, birthright citizenship faces a complex legal landscape. Should any legislative changes be implemented, they would likely encounter legal challenges, potentially leading the issue back before the Supreme Court for a final resolution.
ABC News reached out to the White House for more information about how the president would use Congress as a workaround for the court’s decision and if he is prepared for the issue to potentially return to legal scrutiny, but the White House referred questions back to the president’s post.
On Monday, Trump said he would "accept" the results of the Supreme Court and acknowledged that "it's up to them."
In a subsequent post Tuesday, Trump again reiterated his desire to "correct" the birthright citizenship case in Congress while touting other cases that he won before the court.
House Speaker Mike Johnson, speaking at a House Republican news conference before Trump posted, said he was "very disappointed" with the decision and that Congress will look at amending the Constitution to address the issue.
"I think it subjects the country to
Amending the Constitution would take a two-thirds majority in both chambers of Congress ratification by three-quarters of the states.