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Wednesday, Apr. 01, 2026

 

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The birthright citizenship case poses the Supreme Court’s greatest Trump-era test

By Jordan Rubin

The birthright citizenship case poses the Supreme Court’s greatest Trump-era test

By Jordan Rubin

Though you wouldn’t know it from his recent complaints, the Supreme Court has been good to President Donald Trump.

But having granted him criminal immunity, helped him retake the White House and further empowered the presidency in his second term, the court is now confronting the latest Trump frontier in the birthright citizenship case.

At its core, the appeal in Trump v. Barbara asks whether the president can singlehandedly redefine American citizenship, despite the Constitution, law and precedent to the contrary.

“Blatantly unconstitutional” is what one federal judge called the executive order that sparked this litigation. Trump’s order, titled “Protecting the Meaning and Value of American Citizenship,” purports to end the long-held understanding of automatic citizenship for babies born in the United States regardless of their parents’ immigration status. Due to the administration’s series of lower court losses, the order hasn’t taken effect. If the high court continues that streak, it never will.

If it does take effect, then it will change the country.

 

This is a preview of Jordan Rubin’s latest article. Read the full article here. And listen to the oral arguments live on MS NOW’s YouTube channel beginning at 10 a.m. ET.

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