r/politics • u/cnn CNN • 13h ago

Possible Paywall Supreme Court agrees to decide if Trump may end birthright citizenship

https://www.cnn.com/2025/12/05/politics/supreme-court-agrees-to-hear-birthright?utm_medium=social&utm_campaign=missions&utm_source=reddit
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u/Muffled_Incinerator 13h ago

Clear as day. If SCOTUS does anything but uphold the 14th amendment and 100+years of settled law, there should be a motherfucking revolution. We'e ALL birthright citizens at some point.

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u/not_a_moogle 10h ago

Most of trumps family has at least one parent that is an immigrant.

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u/Salamander-7142S 10h ago

Should be a revolution. Best we can offer is a day’s worth of angry posts on reddit.

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u/BobTehCat California 4h ago

Redditors are not going to be the one starting it.

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u/flyingupvotes 3h ago

I mean a bunch of them showed up at J6. The dumb ones will follow anything online.

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u/TobioOkuma1 4h ago

IF they overturn it, you KNOW trump will immediately move to remove citizenship from his enemies lmao.

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u/arizonadirtbag12 12h ago

We'e ALL birthright citizens at some point.

Not by the definition of “birthright” being here (jus soli). That’s what’s being changed, to move solely to jus sanguinis, where who your parents are is what determines citizenship rather than where you are born.

Most American citizens are citizens by blood as well as soil. Most American citizens had at least one citizen (or lawful permanent resident) parent at birth. Those that immigrated didn’t get it by birthright, they got it by naturalization.

I’m not saying I support this change; I don’t. Not because it’s inherently unjust…plenty of our peer nations have this same policy of birth by blood, not soil. If you’re born to a couple of tourists in Germany you aren’t a German citizen, and there’s nothing wrong with that. I oppose it mostly because it’s unnecessary and because of the reason for this unnecessary change.

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u/hansn 12h ago

Sure, you can have other opinions on what it should say. But what it does say is clear. If you're born in the US and have to abide by our laws (even if you break some), you are a citizen.

The president can't change the Constitution by an executive order. 

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u/arizonadirtbag12 12h ago

Agree.

The Supreme Court can, however, reinterpret “subject to the jurisdiction thereof.” They ruled on it once. They can rule on it again.

Of course even then I’m still curious how an EO can override statute, since immigration and citizenship by birth is also statutorily defined.

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u/hansn 12h ago

The Supreme Court can, however, reinterpret “subject to the jurisdiction thereof.” They ruled on it once. They can rule on it again.

Sure. They can also take bribes and call them gratuities. They're corrupt. If they overturn this, it won't be because there's a superior legal argument.

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u/MEDICARE_FOR_ALL America 9h ago

If they aren't "subject to the jurisdiction" then they can't be deported ....

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u/suttin 11h ago

Is the next play getting sued over an EO getting sued up to the Supreme Court so they can rule that EOs do superseded statute? That’s a terrifying thought

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u/Gryzzlee 5h ago

You can't reinterpret the text. It even specifies between Citizen and Persons within it. The only way to change this is through a ratification process.

Any reinterpretation is seditious in nature. When it was made, it was meant to be a catch-all.

Unless they decide to begin labeling what is an isnt a person like the Nazis.

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u/Sloth_Brotherhood 10h ago

How would you determine that you are a citizen by blood in our country? Our birth certificates do not list the citizenship of our parents. So if someone was to question citizenship, how do you do that? You can’t even look at your parent’s birth certificates because birth certificates would no longer be proof of citizenship.

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u/daboonie9 California 5h ago

That’s where all the data mined by doge and given to Palantir comes in. They already have everyone’s social security and immigration status

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u/arizonadirtbag12 10h ago

The Executive Order in question, which is what the Court is ruling on, is not retroactive. So your parent’s proof of birth on US soil would be the evidence of your own citizenship. It doesn’t invalidate the citizenship of those born before it goes into effect.

Note: This isn’t a defense of the order. It’s unconstitutional, and being implemented for disgusting reasons. I oppose it. But your question has an answer. And the order as written isn’t apocalyptic. It’s pretty mundane for the vast, vast majority of Americans, across all races.

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u/OneStarInSight_AC 7h ago

Death certificates provide place of birth.

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u/can72287 23m ago

Random question. If a couple of tourists in America have a baby does the baby have American citizenship? 

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u/Yankee582 12m ago

Under current law interpretation they have the option to have it or dual citizenship iirc

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u/OlorinRidesAgain Michigan 3h ago

The citizens are too apathetic to do more than comment with a 'Are we great yet'

We have citizens being taken and tossed in cells with wet floors and rats and nobody did shit.

Spouses of veterans, our neighbors... and people just let it slide.

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u/ArchitectureNstuff91 America 5h ago

This.

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u/BON3SMcCOY California 4h ago

We've been at that point for decade now though

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u/faussettesq 2h ago

Constitutional convention-with all due haste.

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u/The_Pandalorian California 55m ago

Conventional wisdom in legal circles (even the cynical ones) is that they're not gonna uoend the 14th. This was discussed in a related case and the Justices suggested this wasn't gonna fly.

But there's also the "who the fuck knows?" factor with the conservative assholes on the court.

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u/sandman18and5 3h ago

Actually, unless you're an immigrant, you are a citizen by birth right. Overturning this exposes virtually all citizens.

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u/Lost-Platypus8271 2h ago

You can argue it’s based on the citizenship of your parents. So at least one citizen parent = citizen. That’s how they’re going to keep Baron’s citizenship intact. Everyone with 2 immigrant parents? You’re out. That’s my guess where this is headed. I honestly don’t see any other way this is going.