The Supreme Court on Wednesday signaled deep skepticism toward President Donald Trump’s executive order seeking to end birthright citizenship, as the justices weighed one of the most consequential constitutional questions of the current term. The case also marked a historic moment, with Trump becoming the first known sitting president to attend oral arguments at the high court.
After roughly two hours of arguments, several justices across ideological lines appeared hesitant to overturn the longstanding interpretation of the 14th Amendment, which has for more than a century guaranteed citizenship to nearly anyone born on U.S. soil. The Trump administration, however, argued that this understanding is a misreading of constitutional text and history.
Chief Justice John Roberts pressed the administration’s lawyer on the scope of its claims. “The examples you give to support that strike me as very quirky,” Roberts said, questioning whether narrow historical exceptions could justify sweeping changes to modern citizenship law.
Trump attended the proceedings but was not acknowledged by the justices, who traditionally avoid direct engagement with political figures in the courtroom. Seated in the front row of the public gallery, he remained expressionless and departed shortly after his administration’s advocate concluded arguments.
The executive order at issue, signed on Trump’s first day in his current term, would limit birthright citizenship to children born to at least one parent who is a U.S. citizen or lawful permanent resident. The policy has not taken effect due to ongoing legal challenges.
Arguing for the administration, Solicitor General D. John Sauer contended that the 14th Amendment’s citizenship clause has been improperly expanded over time. He maintained that the amendment was originally intended to secure citizenship for formerly enslaved people and their descendants—not for children of temporary visitors or those in the country unlawfully.
“Unlike the newly freed slaves, those visitors lack direct and immediate allegiance to the United States,” Sauer said.
At the center of the dispute is the amendment’s phrase “subject to the jurisdiction thereof.” For decades, courts have interpreted that language narrowly, excluding only limited categories such as children of foreign diplomats or occupying enemy forces. The administration argued that the clause should also exclude children of undocumented immigrants.
That position drew pointed questions from multiple justices. Justice Elena Kagan challenged the textual basis for the administration’s argument. “The text of the clause, I think, does not support you,” she said. “I think you’re, sort of, looking for some more technical, esoteric meaning.”
Similarly, Roberts questioned how the administration could expand a handful of “idiosyncratic examples” into a broad exclusion affecting large groups of people.
The challengers—represented by the American Civil Liberties Union—argued that Trump’s order would fundamentally rewrite the Constitution. Cecilia Wang, the ACLU’s national legal director, emphasized the clarity and durability of the current rule.
“Ask any American what our citizenship rule is, and they’ll tell you: Everyone born here is a citizen alike,” Wang said. “That rule was enshrined in the 14th Amendment to put it out of the reach of any government official to destroy.”
The challengers also pointed to the landmark 1898 Supreme Court decision in United States v. Wong Kim Ark, which affirmed citizenship for a man born in San Francisco to Chinese parents. That precedent has long been viewed as the cornerstone of modern birthright citizenship doctrine.
Justice Sonia Sotomayor suggested the administration’s argument effectively sought to overturn that ruling. “You’re asking us to overrule that,” she said.
Sauer denied that characterization, but skepticism extended beyond the court’s liberal wing. Justice Neil Gorsuch, a Trump appointee, questioned how much weight the administration’s argument could place on Wong Kim Ark without undermining it.
At the same time, some conservative justices probed the challengers’ arguments. Kagan noted that the term “domicile” appears repeatedly in the Wong Kim Ark decision, raising questions about how it factors into modern interpretations of citizenship.
Justice Samuel Alito highlighted what he called an “unusual situation” stemming from immigration enforcement practices. He observed that some individuals who are technically subject to removal have nonetheless established long-term lives in the United States.
“So, there are people who are subject to removal at any time … but they have, in their minds, made a permanent home here and established roots,” Alito said, adding that “that raises a humanitarian problem.”
The case represents one of the most significant legal challenges to Trump’s current administration. It also comes amid broader tensions between the president and the judiciary, following a recent Supreme Court decision striking down his emergency tariff measures.
In the days leading up to the argument, Trump publicly criticized the court, writing on social media that “the World is getting rich selling citizenships to our Country, while at the same time laughing at how STUPID our U.S. Court System has become.”
Despite those tensions, Wednesday’s arguments suggested the justices are approaching the case with caution, aware of the sweeping implications any ruling could carry for constitutional law and immigration policy.
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