Supreme Court Upholds Birthright Citizenship in 5-4 Ruling as GOP Races to Pass Legislation

By Michael Dorstewitz
Wednesday, 01 July 2026 09:54 AM EDT

The U.S. Supreme Court surprised no one Tuesday when it ruled 5-4 that birthright citizenship, as provided under the 14th Amendment to the Constitution, could not be banned or limited by President Donald Trump’s 2025 executive order.

The high court ruled that if a woman in her ninth month of pregnancy were to wade across the Rio Grande River and deliver a child in Texas, her baby would automatically be granted U.S. citizenship.

The Center for Immigration Studies estimated that between 225,000 and 250,000 births to illegal immigrants took place in 2023, which would account for nearly seven percent of the total U.S. births that year. And each year that number keeps getting bigger.

Those realities seem almost like a slap in the face to the former slaves that the 14th Amendment was designed to protect, and Justice Clarence Thomas blasted the court majority in a scathing dissent. He accused them of “repurposing” the 14th Amendment “to protect its own set of preferred rights that the Reconstruction Congress never contemplated and that cannot find support in its text.”

Thomas wrote that, “Today, the Court does so again by recognizing a constitutional right to citizenship for the children of all foreign birth tourists and illegal aliens.” He added, “I am not sure that today’s opinion will stand the test of time. The Citizenship Clause ‘added greatly to the dignity and glory of American citizenship.’ Today’s opinion devalues that citizenship.”

In comparison, President Trump’s response on Truth Social was surprisingly calm and well-measured. “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,” he wrote. “No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!”

The reason the president didn’t appear to be either upset or surprised by the court’s decision may have been that he knew a backup plan was already in the works. A report released Monday indicated that congressional Republicans had legislation pending for the eventuality that the court would strike down Trump’s executive order. One of them, the Birthright Citizenship Act, was introduced in the House by Rep. Brian Babin, R-Texas.

“American citizenship is a priceless privilege that must be protected, not exploited,” Babin said. “We must restore integrity to our immigration system, uphold the rule of law, and protect the value of American citizenship for generations to come.” The Senate version of the same bill was introduced by Sen. Lindsey Graham, R-S.C. There are other pending versions that would grant citizenship at birth only to children with at least one parent who is a lawful U.S. citizen.

The only thing Tuesday’s birthright citizenship decision did was to make it more important than ever that the GOP continue controlling both chambers of Congress. It may also be time to find new Senate leadership for the next term.

There is nothing in the world that is more cherished and more valuable than American citizenship. FIFA World Cup players and fans who came here from other corners of the world made that clear. They all raved about our food, freedom, and friendliness, and marveled at America’s natural beauty.

But when any visitor can arrive here — legally or even illegally — and deliver a child for the express purpose of making that child a U.S. citizen, then citizenship is suddenly cheapened.

We’ll get there. Given the court’s narrow, 5-4 decision, we very nearly got there yesterday. It’s just gonna take a little longer.