Uploaded July 2026 | Updated September 2026, 2 weeks ago
The Supreme Court affirmed on Tuesday that that birthright citizenship is the law of the land in a 5–4 majority.
But that math is too close for comfort.
Justice Brett Kavanaugh would have struck down Trump’s executive order based on Congress’ previous codification of birthright citizenship, but does not believe it is required by the Constitution. Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito dissented.
The very fact that the country came within one or two votes of undoing our system of birthright citizenship is a sign of how far the Trump administration has succeeded in throwing into contention the country’s most basic freedoms.
Supreme Court reporter Pema Levy talks to Garrison Hayes about the ruling.
The Supreme Court affirmed on Tuesday that that birthright citizenship is the law of the land in a 5–4 majority.
But that math is too close for comfort.
Justice Brett Kavanaugh would have struck down Trump’s executive order based on Congress’ previous codification of birthright citizenship, but does not believe it is required by the Constitution. Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito dissented.
The very fact that the country came within one or two votes of undoing our system of birthright citizenship is a sign of how far the Trump administration has succeeded in throwing into contention the country’s most basic freedoms.
Supreme Court reporter Pema Levy talks to Garrison Hayes about the ruling.
