BOSTON — One of the first executive orders signed by President Trump in his second term will take center stage at the Supreme Court today.
Trump plans to sit in on a Supreme Court hearing on limiting birthright citizenship, making him the first sitting president to attend oral arguments at the nation’s highest court.
Birthright citizenship is a constitutional protection that’s been in place since the 19th century. So far, lower courts have ruled it should remain in place.
Massachusetts Attorney General Andrea Campbell joined a lawsuit with 19 other attorneys general to block President Trump’s order, and they were successful in getting a preliminary injunction. But now the US Supreme Court is hearing the case—and President Trump said he might actually be there.
On his first day in office in 2025, President Trump issued an executive order to end birthright citizenship for some babies born in the US based on their parents’ immigration status. Opponents of the order claim it violates the 14th Amendment, adopted in 1868, and would harm states and their residents.
The Supreme Court is now considering the validity of President Trump’s order. The president argues the 14th Amendment was meant to apply to newly freed slaves after the Civil War, not to the children of immigrants.
“The reason was it had to do with the babies of slaves and the protection of the babies of slaves,” President Donald Trump said. “It didn’t have to do with the protection of multimillionaires and billionaires wanting to have their children get an American citizenship. It is the craziest thing I’ve ever seen. It’s been so badly handled by legal people over the years.”
Massachusetts Attorney General Andrea Campbell is urging the Supreme Court to uphold birthright citizenship.
She released a statement the morning of the hearing, saying, “Birthright citizenship was born from the fight against oppression and slavery and has guaranteed equality under law for over 150 years,” said Attorney General Campbell. “When the President tried to rewrite the Constitution, state attorneys general acted immediately. The law is on our side – and the Supreme Court must uphold the rule of law and protect the rights of all our residents born on U.S. soil.”
Opponents say if the president’s order is allowed to stand, that would mean children would be stripped of their citizenship and live under a threat of deportation. They would also lose eligibility for federal services and programs, including the right to obtain a Social Security number and to vote.
That concern then trickles down to funding. States would lose federal funding to programs like Medicaid and other assistance.
Oral arguments in this case begin at 10 a.m. Wednesday morning.
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