Trump asks Supreme Court to decide whether he can end birthright citizenship

The Trump administration on Friday petitioned the Supreme Court to examine the constitutionality of President Donald Trump’s executive order ending birthright citizenship, marking the second time this year the issue has been brought before the justices.

For more than a century, the prevailing interpretation of the 14th Amendment has been that anyone born on U.S. soil is automatically a citizen. But in its appeal, the administration argued that understanding was “mistaken” and had become “pervasive, with destructive consequences.”

“The lower courts’ rulings struck down a policy of central importance to the president and his administration in a way that weakens border security,” Solicitor General D. John Sauer wrote. “Those decisions confer, without lawful justification, the privilege of American citizenship on hundreds of thousands of unqualified people.”

CNN reviewed a copy of the appeal, which has not yet been formally entered onto the high court’s docket.

In June, the Supreme Court issued a 6-3 ruling related to birthright citizenship, but that case addressed a narrower procedural question about the authority of lower courts to block presidential policies. The majority limited—but did not entirely remove—the power of judges to halt such actions.

That decision prompted states and individuals opposing Trump’s order to file new lawsuits aimed at striking it down through other legal avenues, including class-action cases. The Court’s opinion left open the possibility for those nationwide challenges to proceed, and several rulings have continued to block the policy from taking effect.

The administration is now urging the justices to resolve the matter definitively. Officials have long expressed confidence that the Court would ultimately uphold Trump’s order, though it remains uncertain whether at least four justices will agree to take up the case, the threshold required for review.