Trump asks Supreme Court to decide whether he can end birthright citizenship

[LetMyPeopleVote]

31. Deadline Legal Blog-After he tried to avoid it, Trump now asks Supreme Court to rule on birthright citizenship

The administration had previously urged the justices to rule only on a procedural issue in the case, not the merits of the issue.

After he tried to avoid it, Trump now asks Supreme Court to rule on birthright citizenship - MSNBC apple.news/AYGjPgS6YQBG...

— (@oc88.bsky.social) 2025-09-29T20:14:56.977Z

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/birthright-citizenship-trump-supreme-court-rcna234469

The Trump administration has urged the Supreme Court to rule quickly on several of its policy priorities in President Donald Trump’s second term — and it has been fairly successful in doing so. Yet, when it comes to Trump’s birthright citizenship order, the administration has taken a more leisurely approach that suggests a lack of confidence in what even this Supreme Court would say if pressed to rule on the order’s legality.

But now the administration has finally asked the high court to weigh in on the merits of Trump’s order, which effectively aimed to unilaterally rewrite the Constitution, law and precedent — or at the very least, the long-held understanding of those things.....

The high court majority issued the procedural ruling the administration wanted in June. But that still left open the underlying question of the order’s legality. After losing the latest round of litigation again in the lower courts, the administration has now returned to the justices, asking them to “confirm the original meaning of the Citizenship Clause.” That clause of the 14th Amendment, which has long been understood to grant automatic citizenship to people born on U.S. soil, says: “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.”

Again, the administration could have asked for such a ruling months ago, instead of first seeking the procedural ruling it pressed in Trump v. CASA. The administration has not been shy about ringing up the justices when it has felt the need to do so. In any event, we are now closer to the justices finally deciding the matter. The plaintiffs, who’ve been winning in the lower courts, will have a chance to weigh in before the justices consider whether and when to take it up.

The prior SCOTUS ruling was procedural to block nationwide injunctions in most cases. trump was hoping that the procedural ruling from SCOTUS would require each and every court to have to rule on the birthright citizenship issue. However, the plaintiffs were anticipating the SCOTUS narrow procedural ruling and converted most of the cases into class actions. There are now more than a couple courts who have ruled in class actions that trump's birthright citizenship position is void and these cases are nationwide injunctions and so now trump is asking for a ruling on the merits of trump's bizarre reading of the 14th Amendment.

I think that trump's position on the 14th Amendment is very weak and hopefully Roberts will NOT rewrite the 14th Amendment to make trump happy.