The administration was never going to win the birthright citizenship case before the Supreme Court. Changing something as fundamental as our current practices regarding membership in the national community shouldn’t be changed by executive order.
But the real losers from Tuesday’s decision are the American people.
That’s because the high court didn’t just strike down Trump’s January 2025 executive order on “Protecting the Meaning and Value of American Citizenship.” Rather, by a 5–4 vote, it said that Congress did not have the authority to change our current practice of granting U.S. citizenship to almost everyone born here, even children born to tourists, foreign students, visa workers, or illegal alie …