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President Trump suggested Tuesday that he would use Congress to end birthright citizenship after the Supreme Court ruled against his order to restrict the policy.
“The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process,” Trump wrote on Truth Social.
“No long and unwieldy Constitutional Amendment is necessary!” he added.
Trump said lawmakers should start the process “today” to end birthright citizenship, calling it “expensive and unfair to our country.”
“They will have my Complete and Total Support!” he wrote.
The nation’s highest court issued its ruling earlier Tuesday, saying that the 14th Amendment guarantees automatic citizenship to nearly all children born on U.S. soil, even those whose parents are in the country illegally.
Chief Justice John Roberts, along with conservative Justice Amy Coney Barrett and all three liberal justices voted to block Trump’s January 2025 executive order which required at least one parent to be a U.S. citizen or have permanent legal status. Justice Brett Kavanaugh also voted to block the new restrictions, but said he disagreed with the majority opinion.
“The trouble is that there is scant evidence for this dramatically revisionist view,” Roberts wrote.
The three remaining conservative justices, Clarence Thomas, Samuel Alito and Neil Gorsuch, sided with the president.
Trump allies were quick to knock the Supreme Court’s decision. But while the president wrote that no constitutional amendment is necessary, his allies and other Republicans have suggested otherwise.
Kevin Roberts, president of the conservative Heritage Foundation, called the ruling a “tremendous betrayal of the republic.”
“The Justices in the majority have inflamed the all-out assault on our sovereignty and cheapened the sacred value of American citizenship,” he wrote on social platform X. “Universal birthright citizenship erases any uniquely American birthright — a distortion that was never the meaning or intention of the 14th Amendment.”
“It is time for a constitutional amendment to correct this gross injustice,” he added.
Sen. Mike Lee (R- Utah) wrote on X that “we’re going to need a constitutional amendment.”
Florida Gov. Ron DeSantis (R) wrote that either a constitutional amendment or a future court would need to overrule this decision, calling a “major defeat.”
“This was not a decision on procedural grounds (ie, POTUS can’t do this through executive order but Congress could legislate it); it is a substantive decision that says the 14th amendment requires citizenship for those born to, among others, birth tourists or those unlawfully present in the country,” he posted online.
Democrats celebrated the Supreme Court’s ruling.
“Birthright citizenship has never been up for debate. The Constitution is clear that anyone born in the United States is an American citizen,” Sen. Adam Schiff (D-Calif.) wrote on X. “Striking that down was a bridge too far for even this partisan Supreme Court.”
He continued, “Today’s ruling is yet another loss for the Trump administration’s extreme agenda and its efforts to rewrite the Constitution to give it even more power over American life.”
Rep. Jasmine Crockett (D-Texas) hit Trump on the issue, writing on social media, “The President took an oath to uphold the Constitution — not rewrite it whenever it doesn’t serve him.”
“Newsflash, Donald: We live in a democracy, not a dictatorship,” she added.
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14th Amendment
Adam Schiff
Amy Coney Barrett
birthright citizenship
Brett Kavanaugh
Clarence Thomas
Donald Trump
Heritage Foundation
Jasmine Crockett
John Roberts
Mike Lee
Neil Gorsuch
Ron DeSantis
Samuel Alito
Supreme Court
Trump administration
Trump executive orders
Trump immigration agenda
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