It was a tense week at the U.S. Supreme Court, with several landmark cases coming in front of the nation's nine top justices. One of the most important cases of this term surrounds the issue of birthright citizenship. While the court has not yet issued a formal ruling, all signs point to the court siding against President Donald Trump on the issue. Here is what you need to know.

Trump Makes History by Attending Oral Arguments on Supreme Court Birthright Citizenship Case

The Supreme Court heard arguments last Wednesday about President Trump's attempt to overturn an interpretation of the 14th Amendment, a constitutional amendment that grants citizenship to children born to noncitizens on U.S. soil. Trump signed an executive order on the first day of his second term in January of 2025, trying to overturn an interpretation of the amendment that has stood for over a century.

Trump's order effectively ended birthright citizenship for the children of undocumented immigrants, in addition to children of immigrants who are in the U.S. temporarily but legally. This would include children born to parents in the U.S. on a work or student visa.

Since that time, the case has wound its way up through the court system. Every lower court has ruled against Trump in the matter, with Wednesday's hearing indicating that the end result will not be any different this time. Senior U.S. District Judge John Coughenour of Seattle was the first federal judge to weigh in, calling Trump's order “blatantly unconstitutional.” The other rulings have followed Coughenour's lead, blocking the White House from enforcing the order.

What made Wednesday's arguments most noteworthy is that President Trump himself was in attendance, making history as the first modern American president to attend oral arguments at the Supreme Court. Presidents have traditionally avoided attending oral arguments because they did not want to create the impression that they were trying to influence a separate branch of the government. The president left the courthouse about halfway through the oral arguments, staying for about 90 minutes.

Trump was not the only big name at the oral arguments. Trump critic and Oscar-winning actor Robert De Niro was also in attendance. Then-Attorney General Pam Bondi and Secretary of Commerce Howard Lutnick accompanied Trump from the White House to the courthouse.

Crowds gathered outside the court, chanting "protect birthright citizenship" and holding signs that were critical of the president and his administration's attempts to break up families.

The case could have significant implications for the children of immigrants. Parents are worried that their children born on American soil could become "stateless" should the court rule in favor of Trump overturning birthright citizenship.

According to the Migration Policy Institute, the undocumented population in the U.S. could jump by almost 25% over the next five decades should Trump get his wish. This is because children born to undocumented parents would automatically be considered unlawful residents.

About the Arguments

Solicitor General D. John Sauer was hammered with a litany of questions from the conservative majority court. Chief Justice John Roberts asked Sauer about the administration's argument that noncitizens travel to the U.S. simply to give birth so that their child will automatically be an American citizen. When Sauer responded that this "is a new world," Roberts shot back, "it's the same Constitution."

In a bit of an awkward exchange, Sauer was not able to definitively answer a question from conservative Justice Neil Gorsuch. The Trump-appointed justice asked Sauer if he thought Native American children born today would be granted birthright citizenship under Trump's order. Sauer was not able to answer the question, saying, “I’m not sure, I have to think through that.”

Cecillia Wang, national legal director of the American Civil Liberties Union (ACLU), represented the challengers on Wednesday. Wang argued on behalf of a group of children and their parents challenging the efforts of the White House to end automatic birthright citizenship.

While several of the conservative justices on the bench pressed Wang about her position, most of the questions seemed to be clarifications on her stance rather than attacks on what she was representing. Judicial experts noted that Sauer faced the harsher questions when compared to what the justices lobbed at Wang. This signals that the court is leaning toward upholding the decisions of the lower courts, overturning Trump's executive order.

The court is expected to rule on the case in June or July at the tail end of the current term. However, based on what transpired on Wednesday, it appears that Trump is not going to win this battle, even with a court stocked with conservative justices. This current court includes three justices appointed by Trump.

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