What will be the primary legal basis cited by the Supreme Court if they rule on Trump's birthright citizenship order by the end of 2025?
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Supreme Court ruling and opinion documents detailing the legal basis for their decision
22 States and ACLU Sue Trump Over 'Unconstitutional' Order Ending Birthright Citizenship
Jan 21, 2025, 08:41 PM
President Donald Trump signed an executive order on Monday aiming to end birthright citizenship for children born in the United States to unauthorized immigrants. The order seeks to reinterpret the 14th Amendment, which currently grants citizenship to "all persons born or naturalized in the United States," regardless of their parents' immigration status. The move has prompted immediate legal challenges, with attorneys general from at least 22 states, including California, New Jersey, and Arizona, filing lawsuits in federal courts, such as in Massachusetts, to block the executive order. Cities like San Francisco and Washington, D.C., have also joined the lawsuits. Civil rights organizations, including the American Civil Liberties Union (ACLU), have filed suits, calling the order "unconstitutional" and arguing that it violates the clear language of the Constitution. The lawsuits contend that the president lacks the authority to unilaterally change birthright citizenship, a policy enshrined in the 14th Amendment's Citizenship Clause since 1868. The legal battle, led in part by New Jersey's attorney general, is poised to become a significant test of presidential power and could have far-reaching implications for immigration policy and constitutional law.
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