The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.”
But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.
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In a 6-3 decision Thursday, the Supreme Court has ruled President Donald Trump’s efforts to end “birthright” citizenship are constitutional, overruling rogue judges issuing national injunctions.
“Universal injunctions likely exceed the equitable authority that Congress has given to federal courts. The Court grants the Government’s applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue,” the decision states.
