By granting the appeal, the court is directly taking on the merits of a controversy that it largely avoided earlier this year, when it sided with Trump on technical grounds dealing with how the challenges to the policy were handled by lower courts.
Though the legal theories advanced by the Trump administration’s appeal have long been considered fringe even by many conservatives, the case will nevertheless draw considerable public focus to the Supreme Court term that began this fall. It is yet another test of the court’s willingness to embrace a boundary-pushing legal argument from the White House.
A ruling for Trump would upend a longstanding tenet of constitutional and American immigration law and may have significant practical implications for US citizens who may face new hurdles documenting newborns.
The court will hear arguments next year and will likely hand down a decision by the end of June.
OptimusSublime on
Then who the fuck is American? Can a full American citizen with a Hispanic surname have their child deported?
Pete41608 on
Well, bye bye entire Trump family if they decide to end this.
yellowcardofficial on
Literally already settled they have no basis to take this up other than to overthrow established law
Historical_Bend_2629 on
He can’t, but unbelievable they give this unconstitutional crap the legitimacy of listening to it.
tisn on
The U.S. Constitution states, in the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
RealGianath on
How many Americans will this effectively convert into stateless un-humans that the ICEstapo is free to abuse or dispose of to their heart’s content?
I hate to keep going back to the whole WWII nazi period, but this is some Hitler-nazi era deathcamp shit we are very visibly entering into.
BobInIdaho on
Hey, let’s get some more taxpayer dollars into our lawyer friends’ pockets!
basketballsteven on
Shitpreme Court you mean.
Jeremisio on
If the answer isn’t a quick no this court and its decisions can and should be ignored.
achandlerwhite on
I was born here. How does this work?
the_hitcher72 on
summary:
The Supreme Court will decide if President Trump’s executive order to end birthright citizenship is constitutional. The order, which would deny citizenship to children born to undocumented immigrants or temporary visitors, challenges the 14th Amendment’s citizenship clause. Lower courts have blocked the order, citing its inconsistency with established law and the 1898 Supreme Court ruling in US v. Wong Kim Ark.
Top_Case_6458 on
This is fucking absurd. I’m sure the justices are hard at work figuring out how they’ll justify the pre-determined outcome.
The crazy part is once birthright citizenship is ended, no one is safe. Anyone could be kicked out of the country with the justification that someone in their family should not have been a US citizen.
This pisses me off so much! Fuck this!
GreenTrees797 on
Understand at the basis of this and really the whole deportation campaign is that Republicans don’t like Hispanic people. But even if they deported all the illegals and even if they implemented this birthright citizenship thing, Hispanic people are still gonna be here because they’ve been here since before America was a country. If they try to go back far enough to erase their citizenship, they cut out all the people of European descent too. Even if they said it applies to births from this date forward it will not meet their racist requirements. And Trumpers are not going to like to have to apply for their new kids’ citizenship. It can never be implemented and even the corrupt SCOTUS is not going to allow it.
t0matit0 on
When people act surprised that I say I don’t feel any pride in being American I just gesture broadly at this type of shit. This is what people voted for and want to turn this nation into. Fuck that.
MZsarko on
My family is originally from Hungary three generations ago. If Birthright Citizenship is ended how far back are they going to go?
[deleted] on
[deleted]
GeneReddit123 on
Ok, so I know SCOTUS justices are politicians in robes, and I know the year’s been crazy, and I know US politics is going down the toilet, but there’s no actual way SCOTUS would literally ignore a black letter Constitutional amendment as-written and which there is no possible fucking way to interpret differently than the way it’s been interpreted since the Civil War, all while jeopardizing the lives of millions of law-abiding Americans, blowing up the social contract, and tearing apart the fabric of the nation in the biggest way since *Dredd Scott*… Right? Right?
RiseDelicious3556 on
Of course he can’t end birthright citizenship; the fact that SCOTUS would even grant certiorare to this case is abominable. This should not even be an issue.
tadu1261 on
unfuckingbelievable
Anon101010101010 on
Supreme Court to allow Trump to end birthright citizenship
Fixed the title for you.
Nicki-ryan on
What in the fucking fuck
yotengodormir on
An executive order can’t change the Constitution. What a waste of time.
notamermaidanymore on
Dear mods. Why is everything here deleted?
matninjadotnet on
“Decide”.
Right. As if we don’t already know the outcome here.
rapidcreek409 on
Next they’ll re-legalize slavery. With Clarence Thomas writing the majority decision.
Piccolo60000 on
>“The citizenship clause of the Fourteenth Amendment was adopted to grant citizenship to newly freed slaves and their children – not to the children of temporary visitors or illegal aliens,” Solicitor General D. John Sauer, the administration’s top appellate attorney, told the Supreme Court in the appeal.
I wonder who they would define as a “temporary visitor”. A tourist? Someone on a student or work visa? The definition is broad.
Imaginary_Pepper6581 on
So this is all part of the plan to de-naturealize citizens. There whom thing is, there is no due process, no rights, no nothing for illegal immigrants. But once they can de-naturealize you, they say your not a citizen, and now you have no rights.
Complete_Question_41 on
Guess it all depends on negotiations on the size of the bribe
Sabiancym on
We all know what they’ll decide. They’re straight up corrupt. More than half at least.
Fight back. And I don’t mean protesting. It’s time they remember that they work for us. They should be afraid of what we’ll do. Remind them.
jmchao on
SCOTUS declaring Constitutional Amendments to be unconstitutional is a rubicon I don’t want to cross.
weaponjaerevenge on
The 14th Amendment is unambiguous. All persons born in the United States are citizens of the United States. It’s not even open to interpretation, it’s simple text. If they nullify the 14th amendment then they can nullify ALL amendments, and at that point it’s time to get out or arm yourself.
OrganizedChaos1979 on
Supreme Court to decide if Constitutional Amendment is Unconstitutional.
Bold move, Cotton. Let’s see how this plays out.
Interesting-Potato-6 on
Just curious, does anyone see the Supreme Court as actually upholding Trump’s EO? I used to be enormously skeptical since it seemed so blatantly unconstitutional, but I’m starting to feel different given what they’ve done so far.
themadscott on
Well, its in the constitution, and so is the procedure for amending the constitution. Should be the easiest decision they ever made.
Should be.
m1j2p3 on
Even if it wasn’t unconstitutional (which it most certainly is), this isn’t something a president should be able to decree by EO.
The willingness of SCOTUS to even hear this case should make it clear that the conservative majority are all in on project 2025 and fascism.
EyerollEddy on
The only right the vast majority of us have to citizenship is that we were born here.
On the plus side if birthright citizenship no longer exists we can deport Barron Trump to Slovenia when his daddy dies.
eyeisyomomma on
So is the next step to deny citizenship if both parents are not citizens? Sorry, Baron. Gonna hafta deport ya.
giroml on
So they want to be able to kick people out who were born here? Anyone who supports this, there will come a time when it will be used against you. Bet on it.
elmatador12 on
Living in Seattle, the pull to drive a few hours north, and stay there, continues to be alluring.
improvisedwisdom on
They love fucking over normal folk and acting like they’re doing something so good for our country that they all deserve to ignore the very laws they act like they care about.
And then they get mad when we get mad that they’re such trash humans acting like concerned peers to the rest of us slop while lining their pockets with funds given to them by “Super-PACs” rather than the insanely wealthy overlords who fund their lavish lifestyles.
But we normal folk, including immigrants, need to follow every law. Even the ones we didn’t know existed! And even if we do, they can just decide, “nah”
But they’re all so confused. After all, what any of them ever do to “you” specifically.
But don’t say you wish them harm. No sir-ee! They’re very quick to harm those who say anything bad about them.
They’re all some version of Trump, but again…
nuh-uh!
tekniklee on
Guess what, unless you are American Indian most of Americans have birthright citizenship am I right?
Adventurous-Ad-2992 on
Racists always love to argue what they believe is original intent for everything except the 2nd Amendment.
Ok_Marsupial_8210 on
Dang I must’ve forgotten the parts in civics class where one of the functions of the SC is to literally rewrite the constitution.
45 Comments
This is so fucking bad. Fuck you if you voted for this shit.
[The Supreme Court agreed Friday to decide](https://www.cnn.com/2025/12/05/politics/supreme-court-agrees-to-hear-birthright?utm_medium=social&utm_campaign=missions&utm_source=reddit) if President Donald Trump’s attempt to end birthright citizenship with an executive order is constitutional, offering the justices an opportunity to revisit what has widely been considered settled law since the 19th Century.
By granting the appeal, the court is directly taking on the merits of a controversy that it largely avoided earlier this year, when it sided with Trump on technical grounds dealing with how the challenges to the policy were handled by lower courts.
Though the legal theories advanced by the Trump administration’s appeal have long been considered fringe even by many conservatives, the case will nevertheless draw considerable public focus to the Supreme Court term that began this fall. It is yet another test of the court’s willingness to embrace a boundary-pushing legal argument from the White House.
A ruling for Trump would upend a longstanding tenet of constitutional and American immigration law and may have significant practical implications for US citizens who may face new hurdles documenting newborns.
The court will hear arguments next year and will likely hand down a decision by the end of June.
Then who the fuck is American? Can a full American citizen with a Hispanic surname have their child deported?
Well, bye bye entire Trump family if they decide to end this.
Literally already settled they have no basis to take this up other than to overthrow established law
He can’t, but unbelievable they give this unconstitutional crap the legitimacy of listening to it.
The U.S. Constitution states, in the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
How many Americans will this effectively convert into stateless un-humans that the ICEstapo is free to abuse or dispose of to their heart’s content?
I hate to keep going back to the whole WWII nazi period, but this is some Hitler-nazi era deathcamp shit we are very visibly entering into.
Hey, let’s get some more taxpayer dollars into our lawyer friends’ pockets!
Shitpreme Court you mean.
If the answer isn’t a quick no this court and its decisions can and should be ignored.
I was born here. How does this work?
summary:
The Supreme Court will decide if President Trump’s executive order to end birthright citizenship is constitutional. The order, which would deny citizenship to children born to undocumented immigrants or temporary visitors, challenges the 14th Amendment’s citizenship clause. Lower courts have blocked the order, citing its inconsistency with established law and the 1898 Supreme Court ruling in US v. Wong Kim Ark.
This is fucking absurd. I’m sure the justices are hard at work figuring out how they’ll justify the pre-determined outcome.
The crazy part is once birthright citizenship is ended, no one is safe. Anyone could be kicked out of the country with the justification that someone in their family should not have been a US citizen.
This pisses me off so much! Fuck this!
Understand at the basis of this and really the whole deportation campaign is that Republicans don’t like Hispanic people. But even if they deported all the illegals and even if they implemented this birthright citizenship thing, Hispanic people are still gonna be here because they’ve been here since before America was a country. If they try to go back far enough to erase their citizenship, they cut out all the people of European descent too. Even if they said it applies to births from this date forward it will not meet their racist requirements. And Trumpers are not going to like to have to apply for their new kids’ citizenship. It can never be implemented and even the corrupt SCOTUS is not going to allow it.
When people act surprised that I say I don’t feel any pride in being American I just gesture broadly at this type of shit. This is what people voted for and want to turn this nation into. Fuck that.
My family is originally from Hungary three generations ago. If Birthright Citizenship is ended how far back are they going to go?
[deleted]
Ok, so I know SCOTUS justices are politicians in robes, and I know the year’s been crazy, and I know US politics is going down the toilet, but there’s no actual way SCOTUS would literally ignore a black letter Constitutional amendment as-written and which there is no possible fucking way to interpret differently than the way it’s been interpreted since the Civil War, all while jeopardizing the lives of millions of law-abiding Americans, blowing up the social contract, and tearing apart the fabric of the nation in the biggest way since *Dredd Scott*… Right? Right?
Of course he can’t end birthright citizenship; the fact that SCOTUS would even grant certiorare to this case is abominable. This should not even be an issue.
unfuckingbelievable
Supreme Court to allow Trump to end birthright citizenship
Fixed the title for you.
What in the fucking fuck
An executive order can’t change the Constitution. What a waste of time.
Dear mods. Why is everything here deleted?
“Decide”.
Right. As if we don’t already know the outcome here.
Next they’ll re-legalize slavery. With Clarence Thomas writing the majority decision.
>“The citizenship clause of the Fourteenth Amendment was adopted to grant citizenship to newly freed slaves and their children – not to the children of temporary visitors or illegal aliens,” Solicitor General D. John Sauer, the administration’s top appellate attorney, told the Supreme Court in the appeal.
I wonder who they would define as a “temporary visitor”. A tourist? Someone on a student or work visa? The definition is broad.
So this is all part of the plan to de-naturealize citizens. There whom thing is, there is no due process, no rights, no nothing for illegal immigrants. But once they can de-naturealize you, they say your not a citizen, and now you have no rights.
Guess it all depends on negotiations on the size of the bribe
We all know what they’ll decide. They’re straight up corrupt. More than half at least.
Fight back. And I don’t mean protesting. It’s time they remember that they work for us. They should be afraid of what we’ll do. Remind them.
SCOTUS declaring Constitutional Amendments to be unconstitutional is a rubicon I don’t want to cross.
The 14th Amendment is unambiguous. All persons born in the United States are citizens of the United States. It’s not even open to interpretation, it’s simple text. If they nullify the 14th amendment then they can nullify ALL amendments, and at that point it’s time to get out or arm yourself.
Supreme Court to decide if Constitutional Amendment is Unconstitutional.
Bold move, Cotton. Let’s see how this plays out.
Just curious, does anyone see the Supreme Court as actually upholding Trump’s EO? I used to be enormously skeptical since it seemed so blatantly unconstitutional, but I’m starting to feel different given what they’ve done so far.
Well, its in the constitution, and so is the procedure for amending the constitution. Should be the easiest decision they ever made.
Should be.
Even if it wasn’t unconstitutional (which it most certainly is), this isn’t something a president should be able to decree by EO.
The willingness of SCOTUS to even hear this case should make it clear that the conservative majority are all in on project 2025 and fascism.
The only right the vast majority of us have to citizenship is that we were born here.
On the plus side if birthright citizenship no longer exists we can deport Barron Trump to Slovenia when his daddy dies.
So is the next step to deny citizenship if both parents are not citizens? Sorry, Baron. Gonna hafta deport ya.
So they want to be able to kick people out who were born here? Anyone who supports this, there will come a time when it will be used against you. Bet on it.
Living in Seattle, the pull to drive a few hours north, and stay there, continues to be alluring.
They love fucking over normal folk and acting like they’re doing something so good for our country that they all deserve to ignore the very laws they act like they care about.
And then they get mad when we get mad that they’re such trash humans acting like concerned peers to the rest of us slop while lining their pockets with funds given to them by “Super-PACs” rather than the insanely wealthy overlords who fund their lavish lifestyles.
But we normal folk, including immigrants, need to follow every law. Even the ones we didn’t know existed! And even if we do, they can just decide, “nah”
But they’re all so confused. After all, what any of them ever do to “you” specifically.
But don’t say you wish them harm. No sir-ee! They’re very quick to harm those who say anything bad about them.
They’re all some version of Trump, but again…
nuh-uh!
Guess what, unless you are American Indian most of Americans have birthright citizenship am I right?
Racists always love to argue what they believe is original intent for everything except the 2nd Amendment.
Dang I must’ve forgotten the parts in civics class where one of the functions of the SC is to literally rewrite the constitution.