Birthright Citizenship Cannot Be Rewritten by Legislation, Court Rules

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Source: FactCheck.org
Birthright Citizenship Cannot Be Rewritten by Legislation, Court Rules
Photo: FactCheck.org
TL;DR Summary

After the Supreme Court preserved birthright citizenship under the 14th Amendment, President Trump urged Congress to end it with legislation, claiming a constitutional amendment isn’t necessary. Legal scholars—and several Republican supporters—say the majority opinion effectively bars changing the rule by statute; Justice Kavanaugh’s concurrence suggested a possible legislative workaround, but the consensus is that only a constitutional amendment or a future court reversal could alter birthright citizenship. Some lawmakers discuss targeted immigration/birth-tourism measures, but those would face constitutional challenges if they conflict with the Court’s interpretation. In short, current law grants birthright citizenship broadly, and changing that would require a constitutional amendment or a future shift in jurisprudence.

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