Trump asks Supreme Court to decide whether he can end birthright citizenship

[BumRushDaShow]

Source: CNN Politics

Updated Sep 26, 2025, 6:15 PM ET
PUBLISHED Sep 26, 2025, 6:11 PM ET


The Trump administration asked the Supreme Court on Friday to review the constitutionality of President Donald Trump’s executive order seeking to end birthright citizenship, pushing the issue back before the justices for the second time this year.

Despite more than a century of understanding that the 14th Amendment confers citizenship on people born in the United States, the Trump administration told the Supreme Court that notion was “mistaken” and that the view became “pervasive, with destructive consequences.”

“The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security,” Solicitor General D. John Sauer, the administration’s top appellate attorney, told the Supreme Court in the appeal. “Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”

CNN reviewed a copy of the appeal, which has not yet been docketed at the high court.

Read more: https://www.cnn.com/2025/09/26/politics/supreme-court-birthright-citizenship-trump-appeal

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Four Appeals Courts told him to go pound sand.

[Bettie]

1. True, but he owns

The SC.

They will probably let him take citizenship from millions retroactively. I mean, technically we are all birthright citizens, right unless we were naturalized

[C Moon]

12. I hope they send me to Scotland or Ireland, then.

[IronLionZion]

16. They can send Donnie with you to Scotland, where his mother came from

[C Moon]

19. Why thank you. :o

At this rate, the Native Americans will be the only ones left here.

[montanacowboy]

2. So that means Barron

is NOT a citizen if he is allowed to do this? I think Melonia was not a citizen when he was born.

[Bayard]

4. Per Reuters,

"All five of President-elect Donald Trump’s children fulfill two criteria for automatic U.S. citizenship - they were born to at least one U.S.-citizen parent and they were born in the United States - so they would not lose citizenship, as social media posts suggest, if Trump does away with so-called birthright citizenship, as he has promised to do."

No such luck.

[Prairie Gates]

18. You sure about that?

Ivanka's father was not an American citizen.

[Bayard]

24. What?

Her father is trump.

[BumRushDaShow]

28. But his mother was "an illegal"

at least when his older brother was born.

[Prairie Gates]

29. You sure about that?

[mgardener]

8. She was not.

[homegirl]

23. You called it!

Have You forgotten...that Barron Trump was born 4 months before mommy got her papers.
This "demand" from Trump unambiguously declares that BARRON TRUMP IS NOT A U.S. CITIZEN.

Trump Asks Supreme Court To Uphold Restrictions He Wants To Impose On Birthright Citizenship
The Justice Department's petition has been shared with lawyers for parties challenging the order, but is not yet docketed at the Supreme Court.

https://www.huffpost.com/entry/trump-asks-supreme-court-to-uphold-restrictions-he-wants-to-impose-on-birthright-citizenship_n_68d7df1ae4b0f354d3d23e11

[Bayard]

30. It doesn't matter

Only one parent has to be a citizen to meet the qualification.

[Bayard]

3. No, you can't do that dipshit

Its in the Constitution. It also strictly forbids tyrannical behavior. It sets up 3 CO-EQUAL branches of government.

Unless he just orders the Syncophantic Six to set a torch to the entire Constitution.....

[Shipwack]

15. The Constitution also plainly states that...

… People who have been accused of insurrection cannot hold a federal office.

That’s clear as day, but when a state tried to enforce it the literallists on the court declared that the amendment didn’t count because they didn’t list an enforcement mechanism.

[LetMyPeopleVote]

5. Hopefully, the SCOTUS will reject this silly attempt

[J_William_Ryan]

6. This shouldn't even be an issue.

The case law is settled, accepted, and beyond dispute.

Of course, the same was true of Roe.

Given this conservative Court and its contempt for settled, accepted case law, it could very well rule in favor of the racist, bigoted Trump.

[Igel]

7. It was also true of other cases.

Like Plessy.

Settled, until it wasn't.

Just saying that if long-standing precedent must be followed, there are many things we'd think were utterly reprehensible but were "settled law" and untouchable. To the detriment of our values.

[C Moon]

9. SC: "Of course Your Highness! Why even ask?"

[Srkdqltr]

10. Is this retroactive,? What a nightmare. What about all the Russian women who came here to have their babies?

How could they keep track?

[TommyT139]

13. DOGE & Palantir have the data.

[dweller]

11. Good lord

He’s going to imprison us all
😑



✌🏻

[Cirsium]

14. Absurd

Almost everyone in the country enjoys birthright citizenship. About 86.9 percent of people living in the United States are native-born citizens, 6 percent are naturalized citizens, and 7.1 percent are not citizens. 298,000,000 of us would lose citizenship rights overnight if Trump prevails.

[Prairie Gates]

17. The corrupt Supreme Cort will merely do Trump's bidding

They are people without character or principles, and certainly without any commitment to law or honor.

[mdbl]

20. It's sad we have a majority on the court that's not so supreme.

[MLWR]

21. Their goddam job is to tell Krasnov

That sure he can but he has to go through the amendment process as it is outlined in the Constitution. So, of course, the six fascist Enablers won't do that.

[homegirl]

22. WHO'S FIRS TO GO?

Have You forgotten...that Barron Trump was born 4 months before mommy got her papers.
This "demand" from Trump unambiguously declares that BARRON TRUMP IS NOT A U.S. CITIZEN.

Trump Asks Supreme Court To Uphold Restrictions He Wants To Impose On Birthright Citizenship
The Justice Department's petition has been shared with lawyers for parties challenging the order, but is not yet docketed at the Supreme Court.

https://www.huffpost.com/entry/trump-asks-supreme-court-to-uphold-restrictions-he-wants-to-impose-on-birthright-citizenship_n_68d7df1ae4b0f354d3d23e11

[Bayard]

25. See post #4

[JBTaurus83]

26. If shithole asks

They deliver. Don’t get excited thinking they will do what is right. We are in a post constitutional country.

[no_hypocrisy]

27. IOW, Trump asks SCOTUS to rule The Constitution unconstitutional,

leading to invalidating the entire document.

[LetMyPeopleVote]

31. Deadline Legal Blog-After he tried to avoid it, Trump now asks Supreme Court to rule on birthright citizenship

The administration had previously urged the justices to rule only on a procedural issue in the case, not the merits of the issue.

After he tried to avoid it, Trump now asks Supreme Court to rule on birthright citizenship - MSNBC apple.news/AYGjPgS6YQBG...

— (@oc88.bsky.social) 2025-09-29T20:14:56.977Z

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/birthright-citizenship-trump-supreme-court-rcna234469

The Trump administration has urged the Supreme Court to rule quickly on several of its policy priorities in President Donald Trump’s second term — and it has been fairly successful in doing so. Yet, when it comes to Trump’s birthright citizenship order, the administration has taken a more leisurely approach that suggests a lack of confidence in what even this Supreme Court would say if pressed to rule on the order’s legality.

But now the administration has finally asked the high court to weigh in on the merits of Trump’s order, which effectively aimed to unilaterally rewrite the Constitution, law and precedent — or at the very least, the long-held understanding of those things.....

The high court majority issued the procedural ruling the administration wanted in June. But that still left open the underlying question of the order’s legality. After losing the latest round of litigation again in the lower courts, the administration has now returned to the justices, asking them to “confirm the original meaning of the Citizenship Clause.” That clause of the 14th Amendment, which has long been understood to grant automatic citizenship to people born on U.S. soil, says: “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.”

Again, the administration could have asked for such a ruling months ago, instead of first seeking the procedural ruling it pressed in Trump v. CASA. The administration has not been shy about ringing up the justices when it has felt the need to do so. In any event, we are now closer to the justices finally deciding the matter. The plaintiffs, who’ve been winning in the lower courts, will have a chance to weigh in before the justices consider whether and when to take it up.

The prior SCOTUS ruling was procedural to block nationwide injunctions in most cases. trump was hoping that the procedural ruling from SCOTUS would require each and every court to have to rule on the birthright citizenship issue. However, the plaintiffs were anticipating the SCOTUS narrow procedural ruling and converted most of the cases into class actions. There are now more than a couple courts who have ruled in class actions that trump's birthright citizenship position is void and these cases are nationwide injunctions and so now trump is asking for a ruling on the merits of trump's bizarre reading of the 14th Amendment.

I think that trump's position on the 14th Amendment is very weak and hopefully Roberts will NOT rewrite the 14th Amendment to make trump happy.