In their words: What judges have said about birthright citizenship and nationwide injunctions
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Supreme Court Weighs Limits on Nationwide Injunctions
Above: Connecticut Atorney General William Tong speaks to the press outside the U.S. Supreme Court over President Donald Trump's move to end birthright citizenship as the court hears arguments over the order in Washington, D.C., on May 15, 2025. Image copyright: JIM WATSON/Contributor/AFP via Getty Images
The Spin
Republican narrative
The 14th Amendment's "subject to the jurisdiction" clause excludes children of illegal aliens from birthright citizenship, as it requires political allegiance, not mere physical presence. Historical context and cases like Slaughter-House and Elk v. Wilkins confirm this. Unfortunately, activist judges, emboldened by Biden's 235 appointments, are more focused on undermining Trump than upholding constitutional principles. If SCOTUS doesn't do it, Congress must rein in this judicial overreach once and for all.
Democratic narrative
The 14th Amendment guarantees citizenship to all born in the U.S., as affirmed in the 1898 Wong Kim Ark case. Trump's executive order denying birthright citizenship to children of immigrants defies this precedent and creates stateless newborns, risking discrimination and deportation. Federal judges, including Judge Boardman, rightly blocked this unconstitutional policy. Upholding the Constitution, not activism, drives these rulings to protect democratic principles.