SCOTUS Blows It on Birthright Citizenship

Peloni:  Another very bad decision for America, Americans, and Americanism…  Is there no greater authority than the insanity guiding America’s Supreme Court?  There is no basis in law, history or reason to birth foreign nationals with the rights, privileges and responsibilities of the American Republic.  The internationalization process as Pamela Geller describes so well as Birthright Tourism is now law of the land in America, diluting the national sovereignty of the American nation, and the further undoing of American enfranchisement.

By Pamela Geller |

“Supreme Court” by Missy Caulk, CC BY-SA 2.0“Supreme Court” by Missy Caulk, CC BY-SA 2.0

This was not the founders had in mind. Birthright tourism.

Once again, Justices Roberts and Barrett joined the three liberal justices.

The Supreme Court ruled that the Fourteenth Amendment guarantees birthright citizenship to children born in the United States, including those whose parents are in the country unlawfully or only temporarily, striking down President Trump’s executive order.

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Trump suffers major Supreme Court defeat as justices uphold birthright citizenship

The Supreme Court’s ruling is a setback for President Donald Trump, who issued an executive order on his first day in office that would end birthright citizenship for children of illegal immigrants

By Elaine Mallon, Fox News,June 30, 2026:

Supreme Court expected to release final opinions on birthright citizenship, transgender athletes
The Supreme Court on Tuesday rejected President Donald Trump’s bid to restrict birthright citizenship, preserving the long-standing constitutional interpretation that most children born in the United States are automatically U.S. citizens, including children born to parents who are unlawfully or temporarily present in the country.

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The ruling is a major setback for Trump, who made curbing birthright citizenship a key part of his immigration agenda.

Trump issued an executive order on his first day in office that would eliminate birthright citizenship for children born in the United States to parents who are in the country illegally or are in the country temporarily.

Continued……

More here…..

BREAKING: Supreme Court Rules on Landmark Birthright Citizenship Case

By: Athena Thorne  | PJM

In a 6-3 decision, the court struck down President Donald Trump’s executive order, which had ordered that U.S. citizenship not automatically be conferred upon children born on U.S. soil whose parents are illegally present in the United States, or whose mother is visiting here legally but temporarily and whose father is not a citizen or lawful permanent resident.Justices Sotomayor, Kagan, Barrett, and Jackson join the Roberts opinion in the full decision. Justices Thomas, Alito, and Gorsuch dissented.“Roberts concludes that children born to parents who are in the United States unlawfully or temporarily are ‘born in the United States’ and ‘subject to the jurisdiction thereof.’ ‘Under the Constitution, they are citizens at birth,’” wrote Supreme Court expert Amy Howe at Scotusblog’s live coverage of the announcement.

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In practice, the ruling means nothing changes, and the nation will continue as it has been doing. Namely, every baby born on U.S. soil is automatically a U.S. citizen, regardless of the status of the parents. Apparently, it’s too much to ask that parents have at least the most basic allegiance to or standing in our country before we bestow its greatest gift — citizenship — on their offspring.

Howe added, “As others have noted, Kavanaugh writes that Trump’s EO conflicts with the federal law ‘[u]nless and until Congress enacts new legislation,” potentially leaving the door open for Congress to tighten up citizenship rules.

The ACLU originally filed the suit as a class-action lawsuit (Barbara v. Trump) on behalf of affected families. The lead plaintiff, “Barbara,” is a pregnant “asylum seeker” from Honduras, though the suit also represents other families of various residency statuses. Lower courts ruled for the plaintiffs, sending the case up the chain to the Supremes.

The court heard arguments in the case on April 1, 2026, notes a Congressional Research Service (CRS) legal sidebar:

The question before the Court was whether Executive Order 14160 (E.O. 14160, or the E.O.), “Protecting the Meaning and Value of American Citizenship,” is constitutional under the Fourteenth Amendment’s Citizenship Clause and authorized by 8 U.S.C. § 1401(a), a provision of the Immigration and Nationality Act (INA) that codifies the Citizenship Clause.

The EO stated that:

The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.”

Beyond the 14th Amendment, the case further examined the meaning of the phrase “domiciled residents” from the 1898 decision in United States v. Wong Kim Ark. In that case, Wong Kim Ark’s parents had maintained a legal, permanent domicile in the U.S. for over 20 years. Though not citizens (people born in China were prohibited from naturalizing at that time), the parents were legally present and conducting business here, and not serving in diplomatic roles. The Trump administration argued that this situation contrasts with that of foreign nationals who are illegally present in the country.

Trump’s signed E.O. 14160 on Inauguration Day 2025. The CRS sidebar explained the intent of the original order:

The E.O. seeks to interpret “subject to the jurisdiction thereof” in the Citizenship Clause to limit who may be considered a U.S. citizen from birth.

[…]

The E.O. outlines two categories of persons that, in the view of the executive branch, are not “subject to the jurisdiction” of the United States and therefore are excluded from the Fourteenth Amendment’s grant of birthright citizenship: (1) a child whose mother was not lawfully present in the United States, and whose father was not a U.S. citizen or lawful permanent resident, at the moment the child was born; and (2) a child whose mother was lawfully but temporarily in the United States, and whose father was not a U.S. citizen or lawful permanent resident, at the moment the child was born. The E.O. asserts that children born in the United States to parents in either of these categories are not “subject to the jurisdiction” of the United States within the meaning of the Fourteenth Amendment.

June 30, 2026 | 11 Comments »

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  1. “BREAKING: Justice Brett Kavanaugh just handed Congress a clear legal path to end automatic birthright citizenship for the children of illegal aliens. No constitutional amendment required.

    Here is what happened. On Tuesday, the Supreme Court struck down President Trump’s executive order on birthright citizenship in a case called Trump v. Barbara. Kavanaugh voted against the administration and agreed the order could not stand. But his separate opinion may prove more valuable to this cause than a courtroom win would have been.

    Kavanaugh wrote that the order did not violate the Fourteenth Amendment at all. In his view, the order failed for one reason only. It conflicted with a federal statute, Section 1401 of the immigration code, that Congress passed and Congress can change.

    Then he spelled out the path. Kavanaugh wrote that Congress could amend that statute or pass new legislation. Lawmakers could create exceptions to automatic citizenship for children born to parents who are in this country unlawfully or only temporarily.

    A sitting justice of the Supreme Court put the roadmap in a published opinion for the whole world to read.
    Understand why the statute matters here. Congress wrote the Fourteenth Amendment’s citizenship language into federal law in 1940 and carried it into the Immigration and Nationality Act of 1952. The rule politicians call untouchable has been sitting in an ordinary statute for more than eighty years. Ordinary statutes can be rewritten by ordinary majorities.

    For thirty years, the political class fed Americans a different story. They claimed birthright citizenship was locked into the Constitution and nothing short of an amendment could touch it. Amendments require two thirds of Congress and three quarters of the states, so the excuse worked. Politicians could wring their hands, mail their fundraising letters, and never cast a hard vote.

    Kavanaugh demolished that excuse. He even pointed out that Congress has considered bills to change birthright citizenship for three decades and passed none of them. The barrier was never the Constitution. Congress chose the excuse over the work, year after year, while the abuse got worse.

    And the abuse is real. Foreign nationals fly here on tourist visas for the sole purpose of giving birth. They collect an American passport for the child and fly home with a golden ticket. An entire birth tourism industry advertises this scheme openly, and smugglers sell illegal border crossings with citizenship for a future child as part of the pitch. Almost no other developed nation on earth hands out citizenship this way.

    The Fourteenth Amendment served a specific purpose. Congress wrote it in 1868 to overturn Dred Scott and guarantee that no American could be denied citizenship because of his race. That purpose stands, and closing a modern loophole does nothing to disturb it.

    The men who wrote the amendment never imagined visa overstays, birth tourism packages, or an open border used as a citizenship machine. Kavanaugh made this exact point. He argued that large scale illegal immigration and modern travel created conditions the Reconstruction Congress never envisioned, and that new exceptions can fit alongside the historical ones for diplomats and occupying enemy forces.

    Now look at the math on the Court, because the press buried it. The headlines called this a 6 to 3 ruling. On the constitutional question, it was really 5 to 4. Justices Thomas, Alito, and Gorsuch dissented outright, and Kavanaugh joined them in rejecting the majority’s constitutional reasoning even though he voted to strike the order on statutory grounds.

    That means four sitting justices have now signaled that automatic citizenship for the children of illegal aliens is a policy choice, and policy choices belong to Congress. When Congress passes a statute and that statute reaches the Court, the ground has already shifted. This is the strongest legal position the reform side has held in a century.

    Washington got the message within hours. President Trump declared that “No long and unwieldy Constitutional Amendment is necessary!” and called on Congress to get to work. Senator Tom Cotton already has a bill, and Senators Cornyn and Scott have proposals targeting birth tourism. The Justice Department announced a crackdown on birth tourism visa fraud the same week.

    Some Republicans, including Speaker Johnson and Senators Paul and Lee, still want a constitutional amendment. An amendment takes years while a statute takes months, and the Court’s own deciding vote just said a statute can do the job. Pass the bill now and let those who want an amendment pursue one on a parallel track.

    So here is my message to every member of the House and Senate. The excuse is gone. Stop hiding behind a constitutional barrier that a Supreme Court justice just told you does not exist. Draft the bill, amend Section 1401 with clear exceptions, hold the hearings, and put every member on record before the American people.
    Some members will vote no, and the voters deserve to see exactly who they are. Every politician who spent decades promising to fix this now has to show us whether the promise was real. There is nowhere left to hide.

    American citizenship is the most valuable thing this nation confers. It should never be handed out automatically to reward lawbreaking or sold through birth tourism packages. The people’s elected representatives should set the rules, and the people should hold them accountable.

    Justice Kavanaugh ruled against the White House on Tuesday and still handed Congress the pen. Our job as citizens is to make sure they pick it up.”

    – Ken Blackwell

    https://www.facebook.com/share/194C7Vova5/?mibextid=wwXIfr

  2. The Founding Fathers must be turning in their graves!
    How dare you!!!
    Soros-Eisen-Roberts-Barrett!
    It will be up to the “Common Sense Americans” to decide what they want!

  3. Striking down the EO makes children born in the USA into “anchor children”. This means that they can get their whole tribe into the USA legally! I hop the comments by @EvRe1 below will really help.

  4. Humor: I’m reminded of this satirical poem – which reads more like a joke – by the famous Marxist poet and playwright, Bertolt Brecht- – most famous for “Three Penny Opera” with music by Kurt Weill. (When it was on Broadway and Off Broadway, it was billed as a play by Brecht, at the Metrooolitan Opera, as an opera by Weill 😀 :

    “The Democratic Judge”

    by Bertolt Brecht (1942)

    In Los Angeles, before the judge who examines people Trying to become citizens of the United Sates Came an Italian restaurant keeper. After grave preparations, Hindered, though, by his ignorance of the new language, In the test he replied to the question: What is the 8th Amendment? falteringly: 1492. Since the law demands that applicants know the language He was refused. Returning After three months spent on further studies, Yet hindered still by ignorance of the new language He was confronted this time with the question: Who was The victorious general in the Civil War? His answer was: 1492. (Given amiably in a loud voice). Sent away again And returning for a third time, he answered A third question: For how long a term are our Presidents elected?Once more with: 1492. Now The judge, who liked the man, realised he could not Learn the new language, asked him How he earned his living and was told: by hard work. And so At his fourth appearance the judge gave him the question: When Was America discovered? And on the strength of his correctly answering 1492, he was granted his citizenship.

    • Humor: Having to manually delete all the question marks that the algorithm inserted reminds me of Victor Borge’s famous bit: “”Musical Punctuation “

      https://youtu.be/TIf3IfHCoiE

      —
      Incidentally: “ Born Børge Rosenbaum, Victor Borge was a famous Jewish Danish-American pianist and comedian. He fled the Holocaust in 1940 after being placed on a Nazi blacklist for his anti-Hitler satire. Escaping Denmark for Sweden just before the Nazi occupation, he ultimately reached the United States on one of the last neutral ships.Key facts regarding Borge’s connection to the Holocaust:The Nazi Blacklist: Before the war, Borge was a leading entertainer in Scandinavia known for his biting satire and direct mockery of Adolf Hitler. This made him a primary target of the Nazi regime.The Escape: Following the Nazi invasion of Denmark, Borge temporarily slipped back into the country to see his gravely ill mother. He subsequently fled to Sweden, and with only minutes to spare, boarded the last neutral troop/passenger ship leaving Petsamo, Finland, for the U.S. in 1940.Thanks to Scandinavia: In 1963, Borge co-founded the Thanks to Scandinavia scholarship fund. This organization provides scholarships to Scandinavian and Bulgarian students to study in America and Israel in honor of the citizens and resistance movements who heroically saved thousands of Jewish people during the Holocaust” – AI Overview

      • humor: The movie, “Hold Back The Dawn”’ has a birthright citizenship scene in which a pregnant mother in the U.S. immigration office in Mexico gives birth in the director’s
        office which is on the American side of the border which I referred to in this unpublished satirical piece I wrote in early 2016:

        Go East, Young Person

        Quite by accident, I stumbled across the cause of illegal immigration, very much an issue in this election cycle. I mean, why would people want to come here only to work for below minimum wage, with no benefits, few government services, living in constant fear. Why not Sweden or Holland,  say?

        Being, myself a Kdrama addict (that’s Korean Drama for the uninitiated), I turned my mother on to a Chinese drama on Dramafever {which no longer exists} or Viki*, and she liked it so much she wanted to recommend it to her friend in Italy. Upon looking into it, I discovered that due to copyright restrictions, her friend could not watch it in Italy.

        And then it dawned on me. That’s why people are so desperate to come to America. Desperate enough to risk their very lives to reach The Promised Land, The Golden Door**. It’s the only place you can watch Korean Dramas! (which includes Chinese, Taiwanese, Japanese, etc. — Hallyu, for short — the Korean Hollywood.

        Apart from those in the motherland, of course. Though I wonder how they manage without English subtitles.

        Hmmm. [To be continued.]

        I’m leaving first.

        *www.Viki.com

        ** Hold Back The Dawn aka The Golden Door. Great movie with Charles Boyer and Olivia de Havilland.

  5. “It looks really bad, but most people are missing the same “playbook” by Kavanaugh, when Trump took his first loss at the Supreme Court over tariffs.

    “Trump purposely used a specific law on tariffs that was rejected by the Supreme Court.

    “He knew it would be rejected.

    “Trump was purposely “limiting” the broad use of that specific law by past presidents, so that presidents in the FUTURE, can’t use it to get rid of his tariffs.

    “What did Trump do?

    “The same day, he took Kavanaugh’s “advice” and reinstated the tariffs using the law that is now deemed Constitutional.

    “Kavanaugh just did the same thing with “birthright citizenship.”

    “He outlined the legal pathway that the Supreme Court will approve, for “ending” birthright citizenship.

    “From Senator Eric Schmitt:

    ——————

    “The majority tried to constitutionalize unlimited birthright citizenship. But Justice Kavanaugh MAY have left Congress a door.”

    “I’m filing legislation to walk through it.”

    “And I’ll keep working on a constitutional amendment to restore American citizenship.”

    ———————

    This was posted by Joe Lange.

    In this post he also discussed the other SCOTUS ruling on mail in ballots. Once again, it looks bad, but remember the biggest number of mail in ballots that are legal are military ballots. He does not want a law that makes it difficult for service men and women to get their votes in. What the SCOTUS ruling did was say all mail in ballots must be POSTMARKED by election day, writing that “Trump AND the Supreme Court are in the process of removing the avenues for cheating through mail in ballots in the FUTURE, while at the same time, preventing the future lawsuits that try and prevent military ballots that were mailed by election day. The U.S. Postal Service is refusing all “mail in ballots” that are not verified by the federal registry proving citizenship.

    And the Postal Service owns a patent on blockchain technology associated with “mail in ballots.”

    None of this is a coincidence.

    What looked like a loss, actually helped cement in the Constitution, that ALL mail in ballots must be “postmarked” by election day.

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  6. I can’t help chuckling at this development. When Canadian medicare was introduced in the late 1960’s, many Americans in the border states, especially Maine, used to cross into Canada to have their children. The children were automatically Canadian citizens and so eligible for medicare. The chickens coming home to roost?

    More interestingly, I wouldn’t be surprised for a new requirement for women to have a pregnancy test as a requirement to enter the U.S.