U.S. Supreme Court rejects Trump birthright citizenship order, upholds transgender sports bans

The U.S. Supreme Court on Tuesday delivered a dual rebuke to President Donald Trump, striking down his executive order to end birthright citizenship and upholding state bans on transgender girls competing in girls’ school sports. In a 6-3 ruling, the justices affirmed that the Fourteenth Amendment guarantees citizenship to anyone born on U.S. soil, dealing a major blow to Trump’s immigration agenda. The decision, announced on the final day of the Court’s term, is constitutionally entrenched and cannot be reversed by statute or executive action.
Writing for the majority, Chief Justice John Roberts declared that children born in the United States to parents unlawfully or temporarily present remain subject to U.S. jurisdiction and are citizens at birth. “Citizenship, then and now, was the right to have rights—to freely participate in our political community,” Roberts wrote. The ruling directly contradicts Trump’s attempt to limit birthright citizenship to those with at least one legally present parent, a policy based on a fringe interpretation of the Fourteenth Amendment.
Justice Clarence Thomas dissented, arguing that the Citizenship Clause’s original public meaning did not preclude Trump’s order. “Because many potential applications of the President’s Order are consistent with the original public meaning of the Citizenship Clause, I respectfully dissent,” Thomas wrote. The decision follows oral arguments in which a majority of justices, including Roberts, appeared skeptical of the administration’s legal arguments. Polling shows two-thirds of Americans support preserving birthright citizenship, including a majority of independents and many Republicans.
In a separate 6-3 ruling, the Court upheld state laws in West Virginia and Idaho banning transgender girls from competing in girls’ school sports, a policy Trump hailed as a “BIG WIN” on Truth Social. The justices ruled that such bans do not violate Title IX or the Equal Protection Clause, rejecting arguments that they discriminate against transgender students. Justice Sonia Sotomayor, writing in dissent, warned the Court was moving “the goalposts” by resolving the case without full factual development.
The twin rulings mark a rare setback for Trump at the Supreme Court, which has otherwise largely sided with his expansive claims of presidential power this term. The Court also blocked Trump’s attempt to remove Federal Reserve Governor Lisa Cook, though it upheld his authority to fire directors of independent federal agencies at will. Legal experts note the birthright citizenship decision is particularly significant, as it can only be overturned by a constitutional amendment or a future Court decision.
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![SCOTUS rejects Trumps birthright citizenship policy The Supreme Court struck down President Trumps executive order restricting birthright citizenship on Tuesday, reaffirming the long-held belief that any person born on American soil is a citizen.Why it matters: The decision is a blow to Trump, who sought to limit by executive fiat who is eligible for American citizenship as part of his widespread immigration crackdown.What theyre saying: "Citizenship, then and now, was the right to have rights— to freely participate in our political community," Chief Justice John Roberts wrote for the five-justice majority."Children born in the United States to parents unlawfully or temporarily present are subject to the jurisdiction of the United States and are citizens at birth under the Fourteenth Amendments Citizenship Clause."Yes, but: In a dissenting opinion, Justice Clarence Thomas said "[b]oth the Civil Rights Act and the Citizenship Clause guaranteed citizenship to persons born and domiciled in the United States regardless of their race.""Because many potential applications of the Presidents Order are consistent with the original public meaning of the Citizenship Clause, I respectfully dissent."Threat level: If the administration had succeeded in its arguments, millions of babies would no longer be eligible for citizenship, losing their rights to work authorization, safety net provisions, voting and more.Some of those children could have become stateless with no guaranteed rights at all if their parents home countries refused to grant them citizenship. Prior to the decision, Trump had lambasted Justices Neil Gorsuch and Amy Coney Barrett — both of whom he had appointed — on Truth Social, anticipating that they would vote against him on birthright citizenship."I dont want loyalty, but I do want and expect it for our Country," he said.Catch up quick: Trumps order sought to limit birthright citizenship to people who have at least one legally present parent in the U.S.The order was based on a once-fringe position that the 14th Amendment doesnt expand to those present in America illegally because they arent "subject to the jurisdiction" of America, as required in the amendment.The majority of the justices appeared skeptical of the Trump administrations arguments during the cases initial oral arguments, including Roberts.By the numbers: Two-thirds of Americans support preserving the 14th Amendments right to birthright citizenship.That includes the majority of Independents and many Republicans.Roughly 53 of Trumps most religious voting block — white evangelical Protestants — say they support the constitutionally guaranteed right.Go deeper: Whats at risk if SCOTUS sides with Trump in birthright citizenship caseEditors note: This is a breaking news story and will be updated with more information.](https://images.axios.com/-RlnfG-kAMASQta2lXj9bG7GQkY=/0x0:2674x1504/1366x768/2026/04/17/1776434199655.jpg)






