_WHAT’S HAPPENING_
The Supreme Court last week struck down President Trump's executive order ending birthright citizenship, ruling 6-3 that the 14th Amendment guarantees citizenship to nearly all children born on US soil.
The ruling was a major defeat for Trump, who appointed one of the two justices who could have swung the decision the other way. But the administration and congressional Republicans are already pivoting to alternative strategies, including legislation and a DOJ crackdown on birth tourism.
_THE FACTS_
Chief Justice Roberts and Justice Amy Coney Barrett joined the liberal justices, while Justice Kavanaugh concurred in part.
The 14th Amendment came after the Civil War, granting US citizenship to newly freed slaves and their children.
The Amendment states: “All 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.”
The vague wording fueled "birth tourism," with an estimated 33,000 annual births to women on tourist visas and hundreds of thousands more to illegal migrants and temporary visa holders.
Justice Clarence Thomas wrote a massive 91-page dissent saying that the Court "has repurposed the Fourteenth Amendment to protect its own set of preferred rights that the Reconstruction Congress never contemplated."
Speaker Mike Johnson (R-LA) said Sunday that House Republicans are "looking at all angles" for a legislative fix or constitutional amendment.
Rep. Brian Babin (R-TX) introduced legislation limiting birthright citizenship to children with at least one parent who is a citizen, lawful permanent resident, or military servicemember.
DOJ has directed prosecutors to "zealously protect the sanctity of United States citizenship" by targeting birth tourism schemes.
_OUR TAKE_
This outcome was mostly predictable from the moment Trump signed the executive order, as the Supreme Court has interpreted the 14th Amendment's citizenship clause consistently for more than a century.
Despite that, Trump’s appointees failed to deliver. While Kavanaugh's opinion suggests Congress could act, any legislation redefining birthright citizenship would almost certainly face immediate constitutional challenges. Meanwhile, the DOJ's crackdown on birth tourism is much-needed but does not resolve the underlying constitutional question.
The disappointing reality for President Trump and immigration hawks is that birthright citizenship is here to stay.
Correction, Oct. 31, 2026: An earlier version of this article misstated who appointed Chief Justice John Roberts. He was appointed by President George W. Bush.
