What to know about the Supreme Court's blockbuster birthright citizenship case

The Supreme Court hears arguments on birthright citizenship and whether Trump's executive order complies with the 14th Amendment's citizenship clause.


What to know about the Supreme Court's blockbuster birthright citizenship case
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In plain speak, the Court will look at whether someone born on U.S. soil automatically becomes a citizen irrespective of their parents' status. 

However, the current Court has not shied away from overturning high-profile decisions: think Dobbs overturning Roe (abortion), and Loper overturning Chevron (the administrative state). The mere fact the Court decided to take up this issue at all is very interesting. As always, the devil will be in the details in terms of how broadly, or narrowly, they decide the case - or if they find some way to punt it altogether.

Wong Kim Ark: The 1898 U.S. Supreme Court decision that gave us birthright citizenship as we know it today. The case involved the U.S.-born adult child of Chinese nationals - who had been permanently domiciled in the U.S. -  who was denied reentry into the U.S. after returning from a trip to China. At the time, it was generally difficult for Chinese nationals to become citizens.

In its decision, the Supreme Court held that children born on U.S. soil are automatically granted citizenship with very few exceptions, such as children of diplomats. It interpreted the "subject to the jurisdiction thereof" to mean subject to the laws of the U.S. 

The bottom line: This is the blockbuster case of this Supreme Court term. A decision is expected late June. 

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