Trump v. Barbara — SCOTUS (argued April 1, 2026)
The Supreme Court of the United States hears oral argument in Trump versus Barbara, a challenge to Executive Order 14,160. On January 20, 2025, President Donald J. Trump issued the order, titled "Protecting the Meaning and Value of American Citizenship," which directs federal agencies not to recognize citizenship claims for children born on or after February 20, 2025, if their parents lack sufficient legal status. The order rests on the claim that the Fourteenth Amendment's Citizenship Clause—which provides that those "born in the United States, and subject to the jurisdiction thereof" are citizens—does not confer birthright citizenship on the children of unlawfully present aliens or parents with only temporary lawful status. Three families filed suit on behalf of a class, arguing that the order strips their children of constitutional citizenship and access to federal benefits. The district court in New Hampshire issued a preliminary injunction and certified a nationwide class. The Supreme Court granted certiorari before judgment, bypassing the First Circuit entirely. The question presented asks whether the Executive Order complies with the Citizenship Clause and with 8 U.S.C. Section 1401(a), which codifies that clause. One noteworthy procedural detail: the Court's rapid grant of certiorari before the Court of Appeals ruled signals the justices' view of the case's urgency and constitutional magnitude.
Trump v. Barbara (No. 25-365) — Supreme Court of the United States, argued April 1, 2026.
- 0:00Introduction
- 1:50Solicitor General of the United States
- 5:48Dred Scott v. Sandford
- 10:15The Civil Rights Act of 1866
- 18:21Domicile
- 22:10United States v. Wong Kim Ark
- 25:25Jus Soli and Jus Sanguinis
- 48:01Native Americans and Citizenship
- 50:16The Immigration and Nationality Act
- 1:16:06Civil rights attorney
- 1:38:29Elk v. Wilkins
- 2:16:40Awaiting a Decision