Trump asks Supreme Court to determine whether he can end birthright citizenship

The Supreme Court previously narrowed the scope of injunctions against the executive order, finding that lower courts likely lacked the authority to issue sweeping injunctions, but did not rule on the constitutionality of the order.

Published: September 26, 2025 6:35pm

Updated: September 26, 2025 6:35pm

President Donald Trump on Friday asked the Supreme Court to take up his executive order on ending birthright citizenship, after a lower court deemed the order unconstitutional.

The Supreme Court previously narrowed the scope of injunctions against the executive order, finding that lower courts likely lacked the authority to issue sweeping injunctions, but did not rule on the constitutionality of the order.  

“The lower court’s decisions invalidated a policy of prime importance to the president and his administration in a manner that undermines our border security,” Solicitor General D. John Sauer told the Supreme Court in an appeal obtained by CNN. “Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”

The Supreme Court has not weighed in on whether it will take up the overarching issue of ending the practice so far.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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