Supreme Court Takes Up Birthright Citizenship Case

In this episode of NPR's Consider This, host Ari Shapiro delves into the landmark Supreme Court case challenging the constitutionality of birthright citizenship in the United States. Released on May 15, 2025, the episode provides an in-depth analysis of the legal battle, its historical context, and its far-reaching implications.

1. Background: Trump’s Challenge to Birthright Citizenship

The discussion begins with a historical overview of former President Donald Trump's long-standing intent to redefine birthright citizenship. Shapiro recounts Trump's early campaign debate with Bill O'Reilly in 2015, where Trump questioned the 14th Amendment's guarantee of citizenship for children born in the U.S. to non-citizen parents.

Ari Shapiro [00:00]: "President Trump has been thinking about birthright citizenship for a long time. He debated Bill O'Reilly about it during a Fox News interview back in 2015..."

In the exchange, O'Reilly defends the constitutionality of the 14th Amendment:

Bill O'Reilly [00:14]: "Because the 14th Amendment says if you're born here, you're an American and you can't kick Americans out."

Despite widespread legal consensus supporting birthright citizenship, Trump maintained his stance, advocating for a court challenge rather than a constitutional amendment.

2. The Executive Order and Legal Challenges

Upon entering his second term, Trump signed an executive order aimed at restricting automatic citizenship to children of immigrants without legal permanent residency. This move swiftly attracted legal opposition, resulting in a federal judge placing the order on hold.

Ari Shapiro [01:23]: "The Supreme Court is now in a position to redefine who gets to be an American and shape the power of federal courts to check the president."

The case now before the Supreme Court addresses two critical questions: Does the Constitution guarantee birthright citizenship, and can a judge issue a nationwide injunction against such executive actions?

3. Insights from Expert Amanda Frost

A pivotal portion of the episode features constitutional law professor Amanda Frost from the University of Virginia. Frost provides a detailed analysis of today's oral arguments and the broader implications of the case.

Amanda Frost [03:34]: "It's clear that a number of the justices are very concerned about this nationwide injunction. ... some of the more conservative justices, like Barrett and Kavanaugh, are worried about what would happen without nationwide injunctions..."

Frost highlights that the Supreme Court's deliberations extend beyond birthright citizenship to the broader issue of judicial power in issuing nationwide injunctions against executive actions.

4. The Debate Over Nationwide Injunctions

Nationwide injunctions, which prevent executive policies from taking effect across the entire country, have been a contentious legal tool. Both Democratic and Republican administrations have seen their executive orders challenged by such injunctions.

Amanda Frost [04:31]: "The nationwide injunction question is vital not just to the birthright citizenship litigation, but to a large number of this president and previous president's executive branch policies."

Frost explains that the current case could set a precedent affecting approximately 40 nationwide injunctions against Trump's policies, highlighting the judiciary's significant role in checking presidential power.

5. Potential Consequences of the Ruling

The Supreme Court's decision holds profound implications. If the Court limits the use of nationwide injunctions, it could embolden future presidents to implement sweeping policies with fewer judicial hurdles. Conversely, upholding these injunctions would reinforce the judiciary's ability to curb executive overreach.

Amanda Frost [05:24]: "This case is all about the lag time or delay between when litigation is filed... which could be three or four years later. ... they're going to want to either establish a limiting principle... or adopt a rule that encourages class actions..."

Frost anticipates that the Court may side with limiting nationwide injunctions, potentially reshaping the landscape of executive-legislative-judicial interactions in the United States.

6. Court’s Deliberations and Justices’ Concerns

The episode details the intense deliberations within the Supreme Court, noting the division even among conservative justices regarding the scope of judicial power.

Justice Brett Kavanaugh [06:17]: "What do hospitals do with a newborn? What do states do with a newborn?... How are they going to know that the states can continue to...?"

Kavanaugh's probing questions reflect the justices' concerns about the practical implementation of the executive order and the potential bureaucratic chaos it could unleash.

7. Historical Context and Future Implications

Frost provides historical context, noting that birthright citizenship had never been a hotly debated topic until recent political shifts. She underscores the significance of the case in potentially altering a long-standing constitutional norm.

Amanda Frost [07:22]: "This is something President Trump did raise in his first term in office... He delivered. Day one. ... but so far it's lost in every court... President Reagan, one of his appointees, called it blatantly unconstitutional."

The episode concludes with Frost's expectations for the Court's decision, suggesting that while a decisive ruling on birthright citizenship is uncertain, the Court is likely to address the broader issue of nationwide injunctions with lasting effects.

Amanda Frost [08:11]: "They're very unlikely to address the substantive constitutional question... They also are going to try to push these cases into the class action device..."

Conclusion

NPR's Consider This effectively unpacks the complex legal and constitutional issues surrounding the Supreme Court's deliberation on birthright citizenship. By featuring expert analysis and highlighting the broader implications of judicial decisions on executive power, the episode provides listeners with a comprehensive understanding of a pivotal moment in American jurisprudence.

This summary captures the essence of the episode "Birthright citizenship goes to the Supreme Court" from NPR's Consider This, weaving together key discussions, expert insights, and notable quotes to present a clear and informative overview.