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BREAKING NEWS: Supreme Court upholds birthright citizenship

People demonstrate outside the US Supreme Court as President Donald Trump arrives to attend oral arguments on April 1, 2026 in Washington, DC.
Al Drago/Getty Images
People demonstrate outside the US Supreme Court as President Donald Trump arrives to attend oral arguments on April 1, 2026 in Washington, DC.

This story was originally published by CNN. Click here for live updates.

WASHINGTON, D.C. (CNN) -- One of the main arguments that President Donald Trump’s attorneys had raised was that the 14th Amendment required people to be domiciled — or with the intention of remaining — in the United States before being entitled to birthright citizenship.

Chief Justice John Roberts, writing for the majority, quickly shot down that argument.

“If Congress intended to hinge citizenship on each individual’s domicile — a question that ‘is sometimes a matter of great difficulty to decide’ — it is reasonable to expect there would have been at least some discussion of the topic,” Roberts wrote.

“Yet the word ‘domicile’ appears just twice in the discussion of the relevant provision of the Civil Rights Act. And it appears in only one speech from the Citizenship Clause debates—as part of an explanation of why state citizenship is distinct from national citizenship under the Constitution.”

Analysis: Explaining Kavanaugh's writing on birthright

Justice Brett Kavanaugh wrote a bit of a strange opinion, explaining that he was “concurring in the judgment,” but also “dissenting in part.”

In a nutshell, he agrees with the other five justices in the majority that the executive order is unlawful, because it’s inconsistent with statutes Congress enacted in 1940 and 1952 adopting the Supreme Court’s earlier interpretation of the Citizenship Clause in 1898.

But Kavanaugh disagreed with the majority about whether those statutes are required by the Constitution. In his view, Congress could limit birthright citizenship by statute; it just hasn’t, and so President Donald Trump couldn’t lawfully do so unilaterally.

Thus, President Trump loses, 6-3, but the Court split 5-4 on whether a future Congress could do what President Trump could not.

What we're watching:

• Birthright citizenship upheld: The Supreme Court upholds birthright citizenship, striking down President Donald Trump’s executive order.

• Ruling on trans sports: The Supreme Court is letting states ban transgender athletes from playing on girls sports teams. The ruling comes amid a political and legal backlash against trans Americans in conservative states.

• 6-3 court: Tuesday is the last day of the term, which has seen the 6-3 conservative majority further cement its power in ways that has benefited Trump and Republicans.

Article Topic Follows: Government-Politics

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