A Deep Dive into the Supreme Court’s Birthright Citizenship Decision

On the last day of the 2025-26 term, the Supreme Court issued its decision in United States v. Barbara, the birthright citizenship case. As has been long settled, under the Fourteenth Amendment, with limited exceptions, any childborn in the United States is a citizen of the United States. Chief Justice John Roberts’s majority opinion decisively upheld the district court’s judgment invalidating President Donald J. Trump’s executive order seeking to restrictthe scope of birthright citizenship.  Chief Justice Roberts’ opinion was joined by four other justices regarding the Fourteenth Amendment and five other justices regarding federal nationality law. Ultimately, six justices wrote opinions in the case. In this Touro Law Reviewpodcast, Professor Rachel Rosenbloom analyzes the Court’s decision and explains the significance of each justice’s opinion.