Today, the U.S. Supreme Court will hear arguments over the legality of President Trump’s executive order restricting birthright citizenship, a contentious part of his efforts to curb immigration.
Why it matters: The case could alter how the 14th Amendment has long been understood. On March 28, 1898, the court ruled that the 14th Amendment grants citizenship by birth on U.S. soil. Read the 1898 decision here. If the court decides (again) that the Constitution protects birthright citizenship, then only a constitutional amendment could change that. That process would likely take years. More here.
Context: This is technically the second time the Supreme Court has considered the Trump birthright case. Last June the court handed Trump a major victory in the case by curbing the ability of judges to impede his policies nationwide, changing the power balance between the federal judiciary and presidents. But that ruling did not address the legality of the policy which is what the justices will take up today. More here.
Who: Solicitor General D. John Sauer for the petitioners; ACLU National Legal Director Cecillia Wang for the respondents.
