Opinion

Supreme Court's showdown on birthright citizenship decision could reshape America

The American people deserve a ruling grounded in constitutional text and common sense

By Gene Hamilton Fox News

Published April 1, 2026 5:00am EDT

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Supreme Court to hear arguments in major birthright citizenship case

Constitutional attorney Mark Smith discusses the Supreme Court’s upcoming birthright citizenship case and its potential impact on President Donald Trump’s presidency on ‘Fox Report.'

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The Supreme Court will hear arguments Wednesday in a case involving President Trump’s executive order on birthright citizenship. The case turns on one critical phrase in the Fourteenth Amendment: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

The Court’s interpretation of "subject to the jurisdiction thereof" will have major consequences for immigration enforcement, national security and the meaning of American citizenship.

If the Court rules that every illegal alien in the United States is fully "subject to the jurisdiction" of the United States, it would grant automatic citizenship to virtually every child born on U.S. soil — except children of diplomats and children of members of invading armies (setting aside the citizenship provided to Native........

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