Supreme Court will hear arguments next week over President Trump’s plan to limit birthright citizenship, a constitutional question centered on the 14th Amendment’s guarantee of citizenship for those born in the U.S. The administration argues the amendment does not automatically apply to children of undocumented immigrants, but legal scholars note Congress passed the Immigration and Nationality Act of 1952 with nearly identical language, explicitly granting citizenship to those born here. Chief Justice John Roberts’ 2024 ruling emphasized that statutory meaning is fixed at enactment, undermining Trump’s constitutional argument.

The case, Trump v. Barbara, also risks upending decades of legal precedent. A friend-of-the-court brief warned that overturning birthright citizenship could strip millions of voting rights, passports, and other benefits. If the Court defers to the 1952 law instead of the 14th Amendment, Congress could face pressure to legislate changes—a move deemed unconstitutional by 1995 Justice Department officials. Such legislation would likely face new legal battles, potentially returning to the Supreme Court.

Historically, the 1952 law included provisions for unknown parentage, granting citizenship to foundlings under 5 unless disproven by age 21. Trump’s executive order, which only applied prospectively, was blocked by lower courts. Legal experts like Yale’s Akhil Reed Amar question its durability, asking if future presidents could reverse or expand such policies. The case hinges on whether the Court prioritizes originalist interpretations of the 14th Amendment or congressional intent in the 1952 statute.

This legal battle could redefine American identity and immigration policy. With millions potentially affected, the stakes extend beyond law to societal cohesion. As one brief noted, revoking citizenship retroactively would create a constitutional crisis, forcing courts to reconcile conflicting claims of presidential power and legislative authority. The decision may take months, but its ripple effects could shape U.S. demographics for generations.