TBA Law Blog


Posted by: Azya Thornton on Jul 1, 2026

The U.S. Supreme Court upheld the concept of birthright citizenship in the Trump v. Barbara case on Tuesday. According to SCOTUSblog, the justices voted 6-3 to uphold to reject an executive order issued by President Donald Trump that would have limited birthright citizenship to children with at least one parent with permanent legal status. In the decision written by Chief Justice John Roberts, the court held that children born in the United States and subject to its jurisdiction are citizens at birth under the Constitution. Roberts wrote that Trump's order could not be reconciled with the citizenship clause of the 14th Amendment. Justice Brett Kavanaugh agreed the executive order was invalid but said it conflicted with federal law rather than the Constitution. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented. Trump issued the executive order in January of 2025 and was subsequently sued by the Legal Defense Fund, American Civil Liberties Union and others. Last fall, Tennessee Attorney General Jonathan Skrmetti filed an amicus brief supporting the executive order.