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What to know about the Supreme Court’s blockbuster birthright citizenship case

This week, the U.S. Supreme Court will hear arguments in what could be one of the most significant cases of the 21st century: birthright citizenship.

Before the Court is whether the Trump executive order that ends birthright citizenship complies with the citizenship clause of the 14th Amendment, after multiple judges blocked the order from taking effect as it was litigated. 

In plain speak, the Court will look at whether someone born on U.S. soil automatically becomes a citizen irrespective of their parents’ status. 

Given that courts have routinely upheld birthright citizenship for over a century now, the Trump administration faces an uphill battle. 

However, the current Court has not shied away from overturning high-profile decisions: think Dobbs overturning Roe (abortion), and Loper overturning Chevron (the administrative state). The mere fact the Court decided to take up this issue at all is very interesting. As always, the devil will be in the details in terms of how broadly, or narrowly, they decide the case – or if they find some way to punt it altogether.

This is an excerpt from an article by Fox News' Kerri Kupec Urbahn.

Posted by Anders Hagstrom

ACLU says it'll 'school' Trump on Constitution at Supreme Court

ACLU Executive Director Anthony D. Romero responded to news that President Donald Trump plans to attend oral arguments on birthright citizenship on Wednesday.

ACLU legal director Cecillia Wang will argue in the courtroom for the immigrant plaintiffs that brought suit challenging Trump.

 “If President Trump wishes to come to the Supreme Court to watch the ACLU school him in the meaning of the Constitution and birthright citizenship, we will be glad to sit alongside of him in that very court.

 “Any effort to distract from the gravity and importance of this case will not succeed. The Supreme Court is up to the task of interpreting and defending the Constitution even under the glare of a sitting president a couple dozen feet away from them.

 “This is one of the most important cases in the last hundred years. The outcome of this case will very well decide the rights and liberties of over 200,000 children born to immigrant parents each year. The 14th Amendment guarantees that children born in the United States are citizens. Period.”

Posted by Anders Hagstrom

SCOTUS birthright citizenship ruling could 'reshape' US: America First Legal director

Gene Hamilton, the President of America First Legal, broke down what could happen depending on how the Supreme Court handles Wednesday's birthright citizenship case.

Hamilton pointed to heavy potential consequences if the court upholds the practice in a robust manner, it could lead to an "explosion" of birth tourism.

"Foreign nationals already travel to the United States to secure citizenship for their children (at least until the Trump administration took steps to end the practice). A broad ruling would supercharge this practice in future administrations. Any pregnant woman who reaches American soil — on a tourist visa, by overstaying, or by crossing the border illegally — could guarantee her baby U.S. citizenship. American hospitals and taxpayers would bear the added costs," Hamilton wrote.

He went on to say there would be grave national security risks as well, with the U.S. presenting an even more enticing target for illegal immigration.

Posted by Anders Hagstrom

Constitutional attorney Mark Smith discusses birthright citizenship challenge at Supreme Court

Constitutional attorney Mark Smith joined Fox News on Wednesday to discuss President Donald Trump's challenge to birthright citizenship at the Supreme Court, analyzing the 14th Amendment's "subject to the jurisdiction thereof" clause.

Posted by Anders Hagstrom

Who is opposing Trump's birthright citizenship order?

President Donald Trump's executive order ending birthright citizenship for illegal aliens prompted a flurry of lawsuits in the days after its signing last year.

Critics argued that, among other things, the order violated the Citizenship Clause of the 14th Amendment, which grants citizenship to "all persons born … in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

ACLU legal director Cecillia Wang will argue against Trump's order before the court on Wednesday.

Posted by Anders Hagstrom

Who will argue on behalf of the Trump admin?

President Donald Trump's administration will be represented by Solicitor General John Sauer during oral arguments at the Supreme Court on Wednesday.

Sauer urged the high court to take up the birthright citizenship case last October, arguing that a pair of lower court rulings were overly broad and relied on the "mistaken view" that "birth on U.S. territory confers citizenship on anyone subject to the regulatory reach of U.S. law."

"Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people," he said at the time.

Posted by Anders Hagstrom

SCOTUS to weigh future birthright citizenship protections for millions — here's what's at stake

The Supreme Court on Wednesday will weigh the legality of President Donald Trump's executive order seeking to end birthright citizenship in the U.S. — a landmark court fight that could profoundly impact the lives of millions of Americans and lawful U.S. residents.

At issue in the case, Trump v. Barbara, is an executive order Trump signed on his first day back in office. The order in question seeks to end automatic citizenship — or "birthright citizenship" — for nearly all persons born in the U.S. to undocumented parents, or to parents with temporary non-immigrant visas in the U.S.

The stakes in the case are high, putting on a collision course more than a century of executive branch action, Supreme Court precedent, and the text of the Constitution itself — or, more specifically, the Citizenship Clause of the 14th Amendment. 

Trump administration officials view the order, and the high court's consideration of the case, as a key component of his hardline immigration agenda — an issue that has become a defining feature of his second White House term.

Opponents argue the effort is unconstitutional and unprecedented, and could impact an estimated 150,000 children born in the U.S. annually to non-citizens. 

A ruling in Trump's favor would represent a seismic shift for immigration policy in the U.S., and would upend long-held notions of citizenship that Trump and his allies argue are misguided. It would also yield immediate, operational consequences for infants born in the U.S., putting the impetus on Congress and the Trump administration to immediately act to clarify their status.

This is an excerpt from an article by Fox News' Breanne Deppisch.

Posted by Anders Hagstrom

President Trump to attend Supreme Court oral arguments on birthright citizenship

President Donald Trump is set to attend the Supreme Court's oral arguments regarding his executive order banning birthright citizenship on Wednesday, according to the White House schedule.

His presence would be the first time a sitting president has ever personally attended oral arguments before the nation's highest court.

The order in question seeks to end automatic citizenship — or "birthright citizenship" — for nearly all persons born in the U.S. to undocumented parents, or to parents with temporary non-immigrant visas in the U.S.

The stakes in the case are high, putting on a collision course more than a century of executive branch action, Supreme Court precedent, and the text of the Constitution itself — or, more specifically, the Citizenship Clause of the 14th Amendment. 

Trump administration officials view the order, and the high court's consideration of the case, as a key component of his hardline immigration agenda — an issue that has become a defining feature of his second White House term.

Fox News' Breanne Deppisch contributed to this report.

Posted by Anders Hagstrom

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