Supreme Court's decision on birthright citizenship will depend on its interpretation of one key phrase

[marmar]

Supreme Court’s decision on birthright citizenship will depend on its interpretation of one key phrase
Published: December 5, 2025 3:43pm EST

Morgan Marietta
Professor of American Civics, University of Tennessee


(The Conversation) The Supreme Court on Dec. 5, 2025, agreed to review the long-simmering controversy over birthright citizenship. It will likely hand down a ruling next summer.

In January 2025, President Donald Trump issued an executive order removing the recognition of citizenship for the U.S.-born children of both immigrants here illegally and visitors here only temporarily. The new rule is not retroactive. This change in long-standing U.S. policy sparked a wave of litigation culminating in Trump v. Washington, an appeal by Trump to remove the injunction put in place by federal courts.

When the justices weigh the arguments, they will focus on the meaning of the first sentence of the 14th Amendment, known as the citizenship clause: “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.”

Both sides agree that to be granted birthright citizenship under the Constitution, a child must be born inside U.S. borders and the parents must be “subject to the jurisdiction” of the United States. However, each side will give a very different interpretation of what the second requirement means. Who falls under “the jurisdiction” of the United States in this context? ................(more)

https://theconversation.com/supreme-courts-decision-on-birthright-citizenship-will-depend-on-its-interpretation-of-one-key-phrase-271064

[Midnight Writer]

1. If you can be arrested, taxed, and/or regulated, then you are "subject to the jurisdiction" of the US.

Seems straightforward to me.

What am I missing?

[TomSlick]

3. Nothing. You are not missing anything.

The only people I can think of in the US but not subject to the jurisdiction of the US are people with diplomatic immunity.

The Trump lawyers haven't thought this through. If undocumented immigrants are not subject to US jurisdiction, they may not be arrested by ICE.

[Sam I Yam]

2. The Supine Court is Cowardly