Justices across ideological lines question constitutional basis of executive order as President Trump makes rare in-person appearance during high-stakes arguments
WASHINGTON, D.C. | The U.S. Supreme Court on Wednesday appeared broadly skeptical of former President Donald Trump’s effort to end birthright citizenship, signaling potential legal headwinds for a policy that would upend more than a century of constitutional interpretation.
In a rare and unprecedented move, Trump attended oral arguments in person, observing from the front row as his administration’s legal team defended an executive order aimed at denying citizenship to children born in the United States to undocumented immigrants and certain visa holders. Despite the high-profile presence, the justices showed little indication that the moment carried political weight in their legal analysis.
Instead, members of the court—both conservative and liberal—pressed Solicitor General John Sauer on the constitutional underpinnings of the policy, raising concerns about its consistency with the 14th Amendment and long-standing Supreme Court precedent.
Chief Justice John Roberts questioned the administration’s reliance on narrow historical exceptions—such as those applied to diplomats or Native American tribes—to justify a sweeping reinterpretation of citizenship rights. “I’m not quite sure how you get to that big group from such tiny and idiosyncratic examples,” Roberts remarked, underscoring the court’s unease with the legal leap.

