President Donald Trump seemed to preemptively attack Supreme Court justices as “stupid” and “dumb”—ignoring a warning from Justice John Roberts about “dangerous” rhetoric—as they prepare to hear oral arguments Wednesday in a landmark case challenging Trump’s executive order limiting birthright citizenship.
Key Facts
The Supreme Court will hear oral arguments Wednesday in Trump v. Barbara, a case concerning the legality of Trump’s executive order saying babies born in the U.S. cannot be citizens if their parents aren’t U.S. citizens or permanent residents themselves.
Trump claimed Monday morning the U.S. is “the only Country in the World that dignifies” the topic of birthright citizenship “with even discussion”—which is false—and expressed pessimism the Supreme Court would rule in his favor, after the court previously ruled against his signature tariff policy.
Other countries are “laughing at how STUPID our U.S. Court System has become” while taking advantage of U.S. citizenship by birth, Trump claimed on Truth Social, adding, “Dumb Judges and Justices will not a great Country make!”
The 14th Amendment grants citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof,” which has long been interpreted as guaranteeing citizenship by birth in nearly all cases, except for children of foreign diplomats or enemy soldiers.
The Trump administration has adopted a novel legal theory claiming children of undocumented immigrants or temporary U.S. residents are not “subject to the jurisdiction” of the U.S., with Trump’s executive order stating 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, have challenged the order in court, arguing it’s unlawful 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 in the birthright citizenship case and issue a ruling in the coming months, sometime before the court’s term ends in late June. Trump’s order limiting birthright citizenship is not in effect while the court is deliberating, meaning babies born in the U.S. to temporary or undocumented immigrants will still be granted citizenship at least until the court rules.




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