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Supreme Court Hears Birthright Citizenship Case Today—With Trump In Attendance (Live)

Topline

The Supreme Court will hear oral arguments Wednesday in a landmark case over the legality of President Donald Trump’s executive order restricting birthright citizenship for children of noncitizens, with the president set to potentially make history if he attends the arguments as he’s scheduled to do.

Key Facts

The Supreme Court will hear oral arguments Wednesday in Trump v. Barbara, a case concerning the legality of Trump’s executive order limiting birthright citizenship to only children of U.S. citizens or permanent residents.

Trump will attend the oral arguments, according to the White House’s daily schedule for the president, which multiple outlets note would likely make him the first sitting president to attend a Supreme Court argument.

The 14th Amendment grants citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof,” which has historically guaranteed citizenship by birth in nearly all cases, except for children of foreign diplomats or enemy soldiers.

The Trump administration instead argues children of undocumented immigrants or temporary U.S. residents are not “subject to the jurisdiction” of the U.S., and Trump’s executive order states children born in the U.S. are not citizens unless at least one of their parents is a citizen or permanent resident at the time of their birth.

Parents and children impacted by the decision, represented by the American Civil Liberties Union, argue the order is unconstitutional and the court should affirm the 14th Amendment guarantees citizenship to children even when their parents aren’t permanent residents or citizens.

What To Watch For

The court will hear oral arguments Wednesday and issue its decision sometime in the coming months, before the court’s term ends in June. Children born in the U.S. to noncitizens will be granted citizenship in the meantime, as Trump’s order is on pause while the court considers the case.

This story is breaking and will be updated.

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