WASHINGTON (AP) — A divided Supreme Court on Tuesday upheld a broad conception of birthright citizenship, rejecting President Donald Trump’s executive order declaring that children born to people who are in the United States illegally or temporarily are not American citizens.
The justices relied on a long-settled understanding of the 14th Amendment, adopted after the Civil War, and more recent federal laws in ruling that anyone born in the country, with very limited exceptions, is a citizen.
The decision was one of several handed down during another momentous day for the country’s judicial branch.
Justices also were split in their decision to strike down limits on party spending in federal elections, and to uphold state laws banning transgender girls and women from school athletic teams.
Birthright citizenship remains in place, after Trump challenge
“Citizenship, then and now, was the right to have rights—to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land,’” Chief Justice John Roberts wrote for the court, citing congressional debate over the amendment, “We keep that promise today.”
Three conservative justices would have allowed the restrictions to take effect.
“The Court today takes the extraordinary step of holding facially unconstitutional the President’s Order excluding from citizenship the children of foreign temporary visitors and illegal aliens,” Justice Clarence Thomas wrote in a 91-page dissent, more than three times as long as Roberts’ opinion. “In doing so, the Court adds to the sad history of the Fourteenth Amendment, which was designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support.”
The Republican president’s restrictions had been blocked by several lower courts and had not taken effect anywhere in the U.S.
The case framed another test of Trump’s assertions of executive power that defy long-standing precedent for a court with a conservative majority and a robust view of presidential power that has largely ruled in his favor. In the notable exceptions when the court has not, Trump has responded with starkly personal criticisms of the justices.
Court backs GOP appeal, strikes down limits on party spending
Tuesday erased limits on how much political parties can spend in coordination with candidates for Congress and president, striking down a federal election law that is more than 50 years old.
Prodded by a Republican-led lawsuit that includes Vice President JD Vance, the court’s conservative justices were again in the majority of the latest decision that upended congressionally enacted limits on raising and spending money to influence elections. The court’s 2010 Citizens United decision opened the door to unlimited independent spending in federal elections.
The limits on party spending stem from a desire to prevent large donors from skirting caps on individual contributions to a candidate by directing unlimited sums to the party, with the understanding that the money will be spent on behalf of the candidate.
The Supreme Court had previously upheld the limits, in 2001.
After Trump took office for his second term, the Federal Election Commission dropped its defense of the law and joined with Republicans in urging that it be overturned.
Democrats had called on the court to uphold the law, even though there is wide agreement that the spending limits have hurt political parties in an era of unlimited spending by other organizations.
Last year, the coordinated party spending for Senate races ranged from $127,200 in several states with small populations to nearly $4 million in California, the most populous state. For House races, the limits were $127,200 in states with only one representative and $63,600 everywhere else.
