The alarming split in the Supreme Court’s birthright citizenship ruling

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The alarming split in the Supreme Court’s birthright citizenship ruling

The ruling was a revealing moment for the future of the court

Published July 2, 2026 6:30AM (EDT)

Relief flooded much of the nation on Tuesday morning as the Supreme Court released its decision upholding birthright citizenship, ending the 2025-26 session with a blow to President Donald Trump and his immigration policy.

The justices on Tuesday ruled 6-3 in the landmark case that called into question the very foundation of American citizenship and identity. Lawyers and advocates have lamented that this bedrock principle was even up for debate, let alone affirmed by anything less than unanimity among the justices. But a deeper look into the decision shows that only five of the justices ultimately upheld the Constitution — and that should concern every American.

In Trump v. Barbara, the justices had the task of determining whether Trump’s first-day executive order violated the 14th Amendment’s citizenship clause or federal law. The order declared that individuals born in the United States did not automatically receive citizenship if their parents had insufficient legal status and instructed federal agencies against recognizing citizenship claims of a child born after Feb. 20, 2025, if their parents lacked sufficient status.

In federal court last spring, three families........

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