TH

The Daily

The New York Times

The Supreme Court Takes On Birthright Citizenship

Apr 2, 202630 min
Summary

In this episode of The Daily, host Michael Barbaro and reporter Ann Marie Lipinski examine a landmark Supreme Court case regarding President Trump’s executive order to end birthright citizenship. The episode highlights the historic nature of the proceedings, marked by President Trump’s rare in-person appearance at the courtroom, which observers interpreted as a symbolic display of executive power over the judicial branch. The discussion centers on the legal debate surrounding the Fourteenth Amendment. The administration’s solicitor general argued that the clause "subject to the jurisdiction thereof" excludes children of undocumented immigrants, relying on narrow interpretations of historical documents and the term "domicile." In contrast, the ACLU argued that birthright citizenship is a fundamental right supported by decades of established precedent, including the pivotal Wong Kim Ark ruling. Throughout the oral arguments, both liberal and conservative justices expressed significant skepticism toward the administration’s legal theory. The episode provides an insightful look into the complex tension between originalist legal interpretations and the practical, long-standing application of citizenship laws in America, ultimately suggesting that the administration faced an uphill battle in persuading the court.

Updated Apr 3, 2026

About This Episode

The Supreme Court heard arguments on Wednesday morning over President Trump’s efforts to limit birthright citizenship. In a historic first, the president himself showed up to the hearing.

Ann E. Marimow, who covers the Supreme Court, took us inside the room. 

Guest: Ann E. Marimow covers the Supreme Court for The New York Times from Washington.

Background reading: 

Photo: Anna Rose Layden for The New York Times

For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday. 

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