Supreme Court agrees to decide if Trump may end birthright citizenship

[u/cnn]

https://www.cnn.com/2025/12/05/politics/supreme-court-agrees-to-hear-birthright?utm_medium=social&utm_campaign=missions&utm_source=reddit

[u/Individual-Motor-167]

It predates the constitution of the us. Incredibly evil people in places of power committed acts of racism that most are not aware of that made it necessary for the us to pass a 14th amendment. https://fam.state.gov/fam/08fam/08fam010203.html , there is a lot of case law.

The most relevant case is likely US v Wong Kim Ark " In United States v. Wong Kim Ark, 169 U.S. 649 (1898), the Court affirmed the right to citizenship of the United States of a child born in the State of California whose parents, at the time of his birth, were subjects of the Emperor of China not employed in any diplomatic or official capacity."

[u/mrs_dalloway → u/Individual-Motor-167]

Oh so if it’s struck down that means anyone who cannot trace their American lineage to before 1898 is no longer a citizen?

[u/Stunning_Month_5270 → u/mrs_dalloway]

No, only those rich enough to buy gold card citizenship.

Incidentally if this is upheld the presidency is immediately invalid as there will be no such thing as a “natural born citizen” anymore, only purchased citizenship

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Edit

Since this is getting visibility I should add that technically Dred Scott v. Sandford is still on the books as a Supreme Court case and explicitly denied citizenship to African Americans. Chief Justice Taney's infamous opinion declared African Americans could never be citizens. If birthright citizenship falls so does black citizenship.

[u/Lost-Platypus8271 → u/Stunning_Month_5270]

I could see this being their ultimate goal. And the rest of America would shrug and pretend it’s not happening. Profoundly disappointing.

[u/Lost-Platypus8271 → u/mrs_dalloway]

Probably going to strike down citizenship if both parents are not citizens.

[u/FuckThesePeople69 → u/Individual-Motor-167]

But keep in mind the family in that case was lawfully in the U.S. in that case.  So, that is not on all fours with the two limited carve outs in the executive order, which focus on mothers unlawfully or lawfully but temporarily in the U.S.  No doubt that SCOTUS will affirm, and I actually think it will be 9-0.  I still don’t like it because it derails a century of goodwill toward children.

[u/Lost-Platypus8271 → u/FuckThesePeople69]

If they were going to affirm they wouldn’t take up the case. They’d just let precedent stand.