Trump issued executive order in January 2025 that seeks to undo birthright citizenship, overriding the constitution

The US supreme court will hear arguments on Wednesday over whether Trump can reverse generations of precedent and deny birthright citizenship to babies born on US soil, which would impact hundreds of thousands of children annually.

On his first day in office, Trump issued an executive order that sought to undo birthright citizenship, overriding the US constitution – or, as his administration has argued, interpret the constitution correctly, in defiance of supreme court precedent.

If the court rules against Trump, it would be a major hit for one of his biggest policy changes, coming after the court struck down his tariffs, another of his signature policies. It would likely anger the president, who earlier this week claimed that other countries are “selling citizenships” to the US and attacked the federal court system as “stupid” on Truth Social.

Democratic state attorneys general and advocacy groups immediately filed lawsuits against the order, arguing it extends beyond Trump’s authority. The supreme court will hear Trump v Barbara, a class action brought by parents of children who would be affected by the change.