Trump attends SC argument on birthright citizenship in unprecedented appearance

TOI correspondent from Washington: In a scene without precedent in the 237-year history of the American judiciary, US President Donald Trump on Wednesday attended the Supreme Court hearing in the birthright citizenship case, highlighting the profound significance of the outcome even as critics saw his appearance as an attempt to intimidate the nine justices.

At the heart of the case is Trump’s January 2025 executive order that seeks to dismantle the long-standing interpretation of the 14th Amendment, denying automatic citizenship to approximately 250,000 children born annually in the US to undocumented parents or temporary visa holders. The administration's architect for the argument, Solicitor General John Sauer, contended that the phrase "subject to the jurisdiction thereof" excludes those without "full allegiance" or permanent domicile in the United States.




The bench, however, appeared skeptical as they grilled Sauer. Justice after justice probed whether an executive order could overrule 160 years of settled law. Representing the challengers, ACLU National Legal Director Cecillia Wang argued that birthright citizenship is an "indefeasible" right, applying to nearly everyone born on US soil except for the children of foreign diplomats or invading forces.

While Wang held the podium, the intellectual "blueprint" for the opposition’s case was visible in the research of Indian-American legal scholar Smita Ghosh. As a lead author of the "Brief of Scholars of Constitutional Law and Immigration," Ghosh’s historical evidence—asserting that the 14th Amendment was explicitly intended to be status-blind—formed the backbone of the respondents' defense.

The President’s presence in the court – unprecedented in its history – cast a foreboding shadow in the chamber where six of the nine justices are conservative, and three of them his nominees. Still, the hearing appeared to lean towards the respondents with at least two conservative justices sounding skeptical of the government’s case.

Outside, the SC plaza was a cacophony of protesters and supporters, reflecting a nation divided over the definition of "American." With lower courts having already blocked the order, the nation now waits for a final ruling, expected by early summer.