What to know about the Supreme Court's birthright citizenship case
Background on Birthright Citizenship
The upcoming Supreme Court case concerning birthright citizenship has roots dating back to the passage of the Citizenship Clause in the 14th Amendment of the U.S. Constitution in 1868. After various interpretations of the clause throughout history, the landmark decision in United States v. Wong Kim Ark in 1898 established the precedent that birthright citizenship applies to children of any parentage who are born in the United States. This precedent has been challenged in recent years, most notably with the implementation of President Trump's so-called "public charge rule", and will be argued again in the Supreme Court this fall.
The Landmark Case
In the upcoming case Trump v. Thompson, the Supreme Court will hear arguments on whether Congress or the president has the authority to determine who is considered a citizen. This case hinges on the language of the Citizenship Clause of the 14th Amendment and the interpretation of the phrase "subject to the jurisdiction" of the United States. The outcome of this case could have far-reaching implications for both legal and illegal immigrants and their children, as well as the relationship between Congress and the President when it comes to establishing citizenship.
Potential Implications and Reactions
The stakes are high for this case, as it has the potential to upend nearly 150 years of settled law on birthright citizenship. If the Supreme Court decides in favor of the Trump administration's position, it could pave the way for legislation or executive action to restrict birthright citizenship even further. This could have serious consequences for families who live in the country illegally but have American-born children. On the other hand, if the Court sides with the respondents, it could reinforce the current understanding of birthright citizenship and potentially lead to further challenges to Trump's immigration policies.
The Court's Decision
The Supreme Court's decision in this case is expected to come sometime next year. While the Court's recent rulings suggest a potentially conservative lean, it's important to remember that the Court has historically upheld birthright citizenship, recognizing its importance in upholding the principles of our democratic system.
