#SCOTUS is taking up one of the term’s most consequential cases∶ Trump’s #ExecutiveOrder on #BirthrightCitizenship, declaring that #children born to parents who are in the #US illegally or temporarily are not US citizens.

#Trump is in attendance. He’s the first
sitting president to attend oral arguments at the nation’s highest court.

#law #intimidation #MafiaState #immigration #Constitution #Judiciary #AbuseOfPower #WhiteSupremacy #WhiteChristianNationalism #hypocrisy

The #BirthrightCitizenship order, which #Trump signed on Jan 20, 2025, the first day of his second term, is part of his #Republican admin’s broad #immigration crackdown.

EVERY lower court that has considered the issue has found the order #illegal & prevented it from taking effect. A definitive ruling by #SCOTUS is expected by early summer.

#law #intimidation #MafiaState #immigration #Constitution #Judiciary #AbuseOfPower #WhiteSupremacy #WhiteChristianNationalism #hypocrisy

Predictably, #ClarenceThomas sounds most open to the #Trump admin’s position.

Thomas recounts that the aim of the 14th amendment was to make citizens of the freed slaves. “How much of the debates around the 14 Amendment had anything to do with immigration?”

#law #SCOTUS #intimidation #MafiaState #BirthrightCitizenship #immigration #Constitution #Judiciary #AbuseOfPower #WhiteSupremacy #WhiteChristianNationalism #hypocrisy

Many of the arguments in today’s case go back to the Supreme Court’s 1898 ruling in the case of Wong Kim Ark, which said a US born child of Chinese nationals was a citizen.

In that ruling, Justice Horace Gray wrote that #14thAmendment “affirms the ancient & fundamental rule of citizenship by birth within the territory. That, he wrote, is “including all children here born of resident aliens.”

#law #SCOTUS #intimidation #BirthrightCitizenship #immigration #Constitution #Trump #MafiaState

#Trump admin says it doesn’t want Wong Kim Ark case overruled

Sauer noted the govt is “not asking you overrule Wong Kim Ark,” which extended #citizenship to #children born in the US to foreign parents.

But he added that it was “totally unambiguous” that the 1898 ruling “relates to domiciled aliens,” & not what he called “sojourners,” or temporary visitors.

My question, who makes the determination of who qualifies as a tourist?

#law #SCOTUS #BirthrightCitizenship #immigration #Constitution

Under #Trump approach, #foundlings given up for #adoption could be #stateless.

5 years ago, when #SCOTUS heard arguments over whether it should overrule #RoeVWade, Justice #AmyConeyBarrett asked a series of questions about #SafeHaven laws, which allow parents to anonymously surrender newborn #babies at hospitals or firehouses, without fear of prosecution.

#law #BirthrightCitizenship #immigration #Constitution #WhiteSupremacy #WhiteChristianNationalism #hypocrisy
https://www.nytimes.com/2026/04/01/us/politics/birthright-citizenship-foundlings.html?smid=url-share

Her point was that the laws eased some of the burdens of what she called “forced motherhood,” even in absence of a right to #abortion.

‼️But under the #Trump EO, abandoned #infants would not be entitled to #citizenship under the #14thAmendment unless they were able to produce evidence that at least one of their biological parents was a #US #citizen or lawful permanent resident.‼️

#law #SCOTUS #BirthrightCitizenship #immigration #Constitution #WhiteSupremacy #WhiteChristianNationalism #hypocrisy

A 1952 #law addressed this problem, though it is not clear whether it would survive a ruling in favor of Trump’s plan. The law conferred #citizenship on #children of “unknown parentage” under the age of 5 who were found in the #UnitedStates unless it was proved, before they turned 21, that they had not been born in the #US.

Notably, the law did not exclude children later shown to have been born to people in the US temporarily or unlawfully.

#SCOTUS #BirthrightCitizenship #immigration #Trump

After more than an hour of arguments from the #Trump admin [Trump left as defense began], Cecillia Wang, a lawyer with the #ACLU, is presenting arguments on behalf of a class of people challenging the #ExecutiveOrder curtailing #BirthrightCitizenship. She is a birthright citizen herself.

#law #SCOTUS #intimidation #immigration #Constitution #Judiciary #MafiaState #AbuseOfPower #WhiteSupremacy #WhiteChristianNationalism #hypocrisy

Chief Justice #JohnRoberts is asking tough questions of both sides. He’s referring to the key 1898 precedent in Wong Kim Ark, which mentions 20X that Wong’s parents were “domiciled” or had permanent residence in the #US. Roberts asks the #ACLU atty if that language can just be dismissed as irrelevant.

Earlier, Justice #KetanjiBrownJackson asked of the #Trump admin atty, “Are we bringing women in for depositions? How are we figuring this out?”

#law #SCOTUS #immigration #BirthrightCitizenship

If this case sounds familiar, that’s because because #SCOTUS has already ruled on one aspect of litigation over Trump’s executive order ending the guarantee of #BirthrightCitizenship.

But importantly, that case did not test the constitutionality of the order itself, as the one the justices are hearing Wednesday will. Essentially they passed the buck.

#law #intimidation #immigration #Constitution #Judiciary #Trump #MafiaState #AbuseOfPower #WhiteSupremacy #WhiteChristianNationalism #hypocrisy

In the first part of oral arguments, John Sauer, the #Trump admin’s lawyer, faced skeptical questions from key justices, but it wasn’t a rout. In the second part, some of those same justices vigorously probed the position of the #ACLU lawyer, Cecillia Wang. #DoubleStandard

#Kavanaugh asks the ACLU’s lawyer about possible ways of resolving the case & suggests it could be a short opinion if the justices were to uphold Wong Kim Ark & side with the ACLU. 🤞

#law #SCOTUS #BirthrightCitizenship

The #14thAmendment says people “born or naturalized in the United States & subject to the jurisdiction thereof, are citizens of the United States.”

The #Trump admin has long focused on the phrase “subject to the jurisdiction thereof,” saying that excludes parents living illegally in the #US.

But Wang went directly at that argument Wednesday.

#law #SCOTUS #BirthrightCitizenship #immigration #Constitution #Judiciary #AbuseOfPower #WhiteSupremacy #WhiteChristianNationalism #hypocrisy