SCOTUS To Review Trump’s Attempt to Rewrite the Constitution Through His Birthright Citizenship Order

WASHINGTON, D.C. – The Supreme Court announced today it would review the legality of the Trump Administration’s January 2025 executive order attempting to end birthright citizenship, which has long been settled law in the United States. 

Karen Tumlin, Founder and Director of Justice Action Center, issued the following statement:

“No matter how many times he tries, President Trump does not have the authority to rewrite the Constitution, and that’s exactly what he’s attempting to do by ending birthright citizenship. This case would be laughably weak if the consequences weren’t so severe. The Constitution is clear that anyone who is born in the United States is a citizen. The 14th Amendment’s overturning of Dred Scott v. Sandford in 1868 and the precedent set in U.S. v. Kim Wong Arc in 1898 make clear that race and immigration status have no bearing on the citizenship status of babies born on U.S. soil.

“Let me be direct: this is another outrageous attempt to not only rewrite the founding laws of the United States, but also to fundamentally change the definition of who is allowed to belong in this country. In the past 11 months, we have seen the Trump Administration make a seemingly endless string of attempts to remake the country through the lens of their deeply racist and hateful ideologies. This is no different.

“We hope the Supreme Court recognizes this and prevents the administration from securing the power it’s after: getting to rewrite U.S. history and our Constitution and to decide which young lives are worthy of Americanness, and which are not. This is a deeply troubling and shameful time in our country’s history, and we cannot let this go any further.”

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Justice Action Center (JAC) is a nonprofit organization dedicated to fighting for greater justice for immigrant communities by combining litigation and storytelling. JAC is committed to bringing additional litigation resources to address unmet needs, empower clients, and change the corrosive narrative around immigrants in the U.S. Learn more at justiceactioncenter.org and follow us on Bluesky, Instagram, Facebook, and LinkedIn.

Contacts

Justice Action Center — press@justiceactioncenter.org

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