WASHINGTON, D.C., June 30, 2026 – Today the Supreme Court issued its opinion in Trump v. Barbara, ruling 5–4 that the Constitution actually does what it says it does, which is grant citizenship to all persons born in the United States. Trump’s blatantly unconstitutional attempt to curtail birthright citizenship through executive order has failed on its face.
Chief Justice Roberts writes for the majority that the Fourteenth Amendment’s guarantee of birthright citizenship is consistent with common law understandings at the time. It was a repudiation of the Dred Scott decision, which incorrectly defined citizenship according to one’s blood as opposed to the soil on which they were born. Responding to the Trump administration’s insistence that one’s “domicile” is relevant to citizenship, Roberts says “there is scant evidence for this dramatically revisionist view.”
Justice Kavanaugh wrote a concurrence agreeing to strike down Trump’s order but concluding only that it violates a federal statute. He does not agree with the majority’s reading of the Fourteenth Amendment and argues that Congress could change the law to create exceptions to birthright citizenship without changing or running afoul of the Constitution.
Justice Thomas wrote the primary dissent, joined by Justice Gorsuch. Thomas relies on what Justice Jackson called in a concurrence the “core tenet” of Dred Scott: that “for certain people, being born on American soil will not suffice to confer citizenship.” Thomas notes that Scott, an enslaved man, argued that he deserved citizenship because of where he lived and the dissenting justices in that since-overturned decision agreed. Thomas then writes at length of history he thinks justifies requiring domicile for citizenship and concludes that the majority’s opinion “devalues” citizenship.
Justice Alito rants separately in his own dissent about his concerns regarding “birth tourism” and his objections to the “moral claim” to citizenship made by the children of undocumented immigrants (DREAMers). He believes the majority “has made a mistake that will seriously affect the country’s future.”
Alliance for Justice President Rachel Rossi issued the following statement:
“The Fourteenth Amendment is crystal clear about birthright citizenship, and today we can breathe a sigh of relief that a bare majority of the Supreme Court justices still respect the plainest reading of the Constitution on this issue. Trump’s xenophobic effort to block immigrant families from essential benefits was steeped in cruelty — without even a whiff of legal merit. In fact, we witnessed in real time how some sycophantic legal scholars attempted to retcon the Constitution in defense of the president’s agenda.
“This case should never have been taken in the first place, but four justices made clear their willingness to ignore the Constitution if it doesn’t advance their MAGA agenda. Let’s not waste much breath giving this Court any credit for narrowly reading the Constitution correctly as it otherwise continues to dismantle our rights and democracy.”