Birthright Citizenship Ruling Sparks New Fight as Trump Urges Congress to Act 'TODAY'

Donald Trump has branded a major Supreme Court ruling 'too bad for our Country' after judges dealt a significant blow to one of his signature immigration policies.

But rather than accept defeat, the president is already urging allies to launch a fresh fight that could ignite another fierce battle in Washington.

Supreme Court Rejects Trump's Birthright Citizenship Order

A major defeat at the Supreme Court on Tuesday failed to deter Donald Trump, as a 6-3 verdict dismantled his administration's high-profile attempt to curb birthright citizenship.

A swift pushback emerged from Trump and several congressional allies, who insisted the battle was far from over as they proposed drafting legislation to mirror the failed order. However, such a bill stands virtually no chance of passing under the current balance of power in Congress.

'The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process,' Trump posted on his Truth Social platform.

'No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!'

Why the Executive Order Was Struck Down

In April, Trump demonstrated how much this legal battle meant to him by travelling to the high court to follow the proceedings, making history as the first serving president to attend oral arguments.

Signed immediately upon entering office but swiftly blocked by lower courts, the president's executive order aimed to restrict automatic nationality solely to infants with at least one American parent or permanent legal resident. Under the proposed rules, babies born on US soil to undocumented migrants, temporary holidaymakers, or individuals holding employment or student visas would have been denied citizenship at birth.

A five-member majority concluded that the decree breached the 14th Amendment, pointing to its constitutional guarantee that anyone born or naturalised in the United States is automatically an American citizen. While the sixth justice, Trump appointee Brett Kavanaugh, agreed that the executive order was unlawful, he concluded that it breached statutory law rather than the Constitution itself.

Since the majority determined that the executive order breached the 14th Amendment, the president would almost certainly require a constitutional amendment to successfully enact his policy.

Congressional Route Faces Steep Obstacles

'Recall for a constitutional amendment to be adopted: A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states,' tweeted Sen. John Cornyn, R-Texas, who previously served as his state's attorney general and as a member of the Texas Supreme Court.

Even if legislation could resolve the high court's objections, the proposal faces major obstacles. Republicans would need to secure 60 votes to pass a measure limiting birthright citizenship through the Senate, where they hold a slim 53-seat majority — a total that includes several lawmakers highly unlikely to back the plan.

Another option would be to abolish the legislative filibuster, lowering the 60-vote threshold to a simple 50-vote majority. However, this strategy faces fierce resistance within the Republican Party itself. Senate Majority Leader John Thune has consistently cautioned Donald Trump that the necessary backing simply does not exist among Senate Republicans to make such a change.

A senior White House aide conceded that the judicial decision dealt a substantial blow to Donald Trump's broader immigration crackdown.

'One of the most destructive and outrageous decisions in the long history of the Supreme Court,' White House deputy chief of staff Stephen Miller tweeted. 'American citizenship is not the birthright of the world. It belongs only and solely to Americans. No provision of the Constitution can be read to require our national self-obliteration.'

The decision prompted several congressional Republicans to call for legislative action or a constitutional overhaul. On Tuesday, Senator Eric Schmitt of Missouri, a staunch defender of the president, announced his intention to introduce a constitutional amendment mirroring the restrictions outlined in the invalidated executive order.

Trump Highlights Other Court Victories

Despite its conservative majority and three Trump appointees, the high court has handed the president several recent defeats. However, Trump downplayed Tuesday's loss by celebrating major victories on campaign finance and trans women in sports, while hailing Monday's landmark ruling granting the presidency greater control over independent federal agencies as its 'biggest and most consequential' decision by far.

'We had other good Victories, too, and we also had the Birthright Citizenship loss, which we will work to correct in Congress, but the big SLAUGHTER, was SLAUGHTER,' he said, naming Rebecca Slaughter, the Federal Trade Commission member he fired last year who was at the centre of the case. 'The Republican Party was treated very fairly by the United States Supreme Court.'

The judiciary's decision drew widespread celebration across the Democratic Party. Although choosing not to refer to Trump directly by name, New York City Mayor Zohran Mamdani praised the ruling.