US Supreme Court rejects Trump's birthright citizenship order, issues mixed rulings on executive power
The US Supreme Court on Tuesday struck down President Donald Trump's executive order seeking to end automatic citizenship for children born on US soil, a core element of his immigration crackdown, while simultaneously issuing a series of rulings that both curtailed and reinforced presidential authority.
A fundamental right affirmed
By a 6-3 vote, the justices ruled that the 14th Amendment's guarantee of citizenship to "all persons born … in the United States" remains unambiguous and cannot be undone by presidential decree. The decision upholds a principle that has anchored American identity since the post-Civil War era. Chief Justice John Roberts, writing for the majority, stated:
The Framers of the Fourteenth Amendment extended that promise to 'every free-born person in this land'. We keep that promise today.
Trump, who signed the order in January 2025 shortly after returning to office, had argued that children of undocumented immigrants or those on temporary visas should not automatically receive citizenship. Lower courts had blocked the measure, and the Supreme Court's ruling was widely anticipated. Legal expert Frost told Der Tagesspiegel the outcome simply confirmed what had been settled law for at least a century:
Trump responded on Truth Social by urging Congress to pass legislation, though any statutory change would still require a constitutional amendment to bypass the 14th Amendment, a threshold supporters lack.Every person born in the United States is automatically a US citizen.
Checks on executive power
Beyond birthright citizenship, the court reined in the administration on other fronts. It blocked Trump's use of emergency tariff powers, a 6-3 decision that Chief Justice Roberts helped assemble. In a 5-4 ruling, the justices also protected Federal Reserve Governor Lisa Cook from being fired, safeguarding the central bank's independence. These outcomes, along with the birthright decision, delivered significant blows to the White House agenda.
- Birthright citizenship
- 3 votes
- Emergency tariffs
- 3 votes
- Fed independence (Cook)
- 1 votes
- Transgender athletes
- 3 votes
Expanding presidential control
Yet the term also handed the president notable victories. The court permitted the firing of Federal Trade Commission member Rebecca Slaughter without cause, overturning a 90-year precedent and weakening protections for independent agency officials. A 6-3 majority allowed states to bar transgender students from participating on girls' and women's sports teams, a policy Trump celebrated as a "BIG WIN". The justices also cleared the way for political parties to coordinate spending with candidates and further chipped away at the Voting Rights Act, making it harder for minority voters to challenge legislative maps. Immigration policy shifted as well: the court gave the administration broad discretion to expel settled asylum seekers and end temporary protected status for Haitians and Syrians.
A court walking a tight line
With its conservative supermajority intact, the Roberts Court demonstrated that it is not a rubber stamp for the White House. The birthright citizenship ruling showed that even Trump-appointed justices would balk at a direct assault on constitutional text. At the same time, decisions on agencies, elections and social policy reflected a long-running project to concentrate power in the executive and reshape the regulatory state. The split outcomes leave the presidency simultaneously checked and strengthened, reinforcing the court's central role in defining the boundaries of American governance.
