Opinion

GREGG JARRETT: Trump's birthright citizenship order meets a wary SCOTUS audience

This case may be one of those instances in which a long-established norm and the complexity of reversing course creates too great an obstacle

By Gregg Jarrett Fox News

Published April 1, 2026 3:03pm EDT

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Supreme Court concludes oral arguments in birthright citizenship case

Fox News legal editor Kerri Urbahn breaks down oral arguments in the Supreme Court’s birthright citizenship case on ‘Outnumbered.’

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The U.S. Supreme Court heard oral arguments Wednesday in a case that could dramatically test the bounds of citizenship in America and reshape immigration policy. 

At issue was President Trump’s executive order ending automatic citizenship for U.S.-born children of parents in the country illegally. In a historical first, the president attended the first part of the hearing as the named party being sued by roughly two dozen states. 

Trump watched as his solicitor general, John Sauer, presented a credible and defensible argument that the 14th Amendment was never intended to grant universal citizenship to the progeny of those who broke the law by coming here fraudulently or illegally.

SCOTUS TO REVIEW TRUMP EXECUTIVE ORDER ON BIRTHRIGHT CITIZENSHIP

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Sauer was an impressive advocate with a masterful command of the law and history. However, he faced a level of skepticism from a majority on the court which suggests that, in the end, Trump’s executive order may be struck down.

Granted, divining an outcome based solely on oral arguments can be equivalent to reading tea leaves. The dynamic could change behind........

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