On May 15, 2025, President Donald Trump commented on the Supreme Court case regarding his executive order to end birthright citizenship, which was heard that day. In posts on Truth Social, Trump argued that the 14th Amendment, which guarantees citizenship to those born on U.S. soil, was intended solely for the children of freed slaves after the Civil War, not for children of undocumented immigrants or those exploiting the system. He described the case as an “easy win,” asserting that birthright citizenship encourages illegal immigration and “birth tourism.” Trump’s statements align with his administration’s position that the 14th Amendment’s phrase “subject to the jurisdiction thereof” excludes children of non-citizens or those temporarily in the U.S., a view widely contested by legal scholars and lower courts.
The Supreme Court’s oral arguments focused on whether lower courts overstepped by issuing nationwide injunctions to block Trump’s order, rather than the constitutionality of the policy itself. Justices appeared divided, with liberal justices like Elena Kagan and Sonia Sotomayor questioning the order’s legality, citing over 125 years of precedent, including the 1898 United States v. Wong Kim Ark ruling affirming birthright citizenship. Conservative Justice Brett Kavanaugh suggested class-action lawsuits as an alternative to nationwide injunctions. Trump’s comments, echoed by supporters on X, framed the case as a correction of a misused amendment, though critics argue his order violates the 14th Amendment and established law.