The Supreme Court today, June 30, ruled 5-4 in Trump v Barbara that President Donald Trump’s Executive Order to end birthright citizenship is overturned.
The question presented was whether the Constitution guarantees citizenship to children born in the United States of parents who are unlawfully or temporarily present in the country. The Court determined that it does.
“Citizenship, then and now,” Chief Justice John Roberts concludes in his writing, “was the right to have rights–to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”
Justices Elena Kagan, Sonia Sotomayor, Amy Coney Barrett, and Ketanji Brown Jackson signed on to Roberts’ opinion. Justice Jackson wrote a concurrence joined in part by Sotomayor, and Justice Brett Kavanaugh wrote an opinion concurring in the judgment but dissenting in part. Justice Clarence Thomas wrote in dissent, joined by Justice Neil Gorsuch. Gorsuch wrote separately in dissent as well, as did Justice Samuel Alito.
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