Who is appointed to Supreme Court matters.
Clearly in Constitution we see birthright citizenship survived 5-4 with Roberts suggests you can just change law which in this court still fails but close.
They'll never amend Constitution to end it. Birthright citizenship is favored by a good majority
Court clearly shown they have no issue with turning over precedent at any time
Conservatives are turning on Barrett calling her a turncoat. Never mind the law.
Trump’s audacious bid to end birthright citizenship was not an entire loss at the Supreme Court
When President Donald Trump used his black Sharpie on his first day back in office to sign an executive order in January 2025 limiting birthright citizenship, he said, “This is a big one.”
But the overall Trump effort – as radical as it was – made surprising headway in both the court and public spheres.
The administration gained some mainstream support, including the backing of 25 states and a significant number of members of Congress, for an idea that had long been considered fringe at best. More importantly for the future, while three justices outright dissented, a fourth (Brett Kavanaugh), joined dissenters in finding no 14th Amendment violation. (Kavanaugh signed onto the majority decision blocking Trump’s executive order but based his view on a violation of immigration statutes dating to 1940 and 1952.)
Kavanaugh suggested that Trump might accomplish his goal through new federal legislation.
“Congress could – consistent with the Fourteenth Amendment – amend (the relevant federal laws) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country.”
That concept emboldened Trump and Republican allies Tuesday. The president said in a Truth Social post shortly after the decision in Trump v. Barbara was issued: “The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process. No long and unwieldy Constitutional Amendment is necessary!”
Trump is wrong that any legislation could override the US constitutional guarantee – at least with this current court. A five-justice majority, led by Chief Justice John Roberts, said the Constitution safeguarded birthright citizenship. He was joined by fellow conservative Amy Coney Barrett and liberals Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.