Trump asks Supreme Court to decide whether he can end birthright citizenship
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 Trumps 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 courts 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 administrations 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
Four Appeals Courts told him to go pound sand.

Bettie
(18,909 posts)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
(13,212 posts)IronLionZion
(49,995 posts)C Moon
(13,212 posts)At this rate, the Native Americans will be the only ones left here.
montanacowboy
(6,603 posts)is NOT a citizen if he is allowed to do this? I think Melonia was not a citizen when he was born.
Bayard
(27,172 posts)"All five of President-elect Donald Trumps 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
(6,363 posts)Ivanka's father was not an American citizen.
Bayard
(27,172 posts)Her father is trump.
BumRushDaShow
(160,898 posts)at least when his older brother was born.
Prairie Gates
(6,363 posts)
mgardener
(2,178 posts)homegirl
(1,861 posts)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
(27,172 posts)Only one parent has to be a citizen to meet the qualification.
Bayard
(27,172 posts)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
(2,866 posts)
People who have been accused of insurrection cannot hold a federal office.
Thats clear as day, but when a state tried to enforce it the literallists on the court declared that the amendment didnt count because they didnt list an enforcement mechanism.
LetMyPeopleVote
(170,354 posts)J_William_Ryan
(3,034 posts)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
(37,124 posts)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
(13,212 posts)Srkdqltr
(8,949 posts)How could they keep track?
TommyT139
(1,954 posts)dweller
(27,210 posts)Hes going to imprison us all
😑
✌🏻
Cirsium
(2,915 posts)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
(6,363 posts)They are people without character or principles, and certainly without any commitment to law or honor.
mdbl
(7,449 posts)
MLWR
(571 posts)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
(1,861 posts)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
(27,172 posts)JBTaurus83
(688 posts)They deliver. Dont get excited thinking they will do what is right. We are in a post constitutional country.
no_hypocrisy
(53,214 posts)leading to invalidating the entire document.
LetMyPeopleVote
(170,354 posts)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
But now the administration has finally asked the high court to weigh in on the merits of Trumps 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 orders 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, whove 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.