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 April 6, 2026

Trump blasts Supreme Court over birthright citizenship case: 'Use their powers of common sense'

President Donald Trump took to Truth Social in the early hours of Monday morning to deliver a pointed message to the Supreme Court as it weighs his executive order to end birthright citizenship. The 14-word core of the post cut straight to the point:

"THEY SHOULD USE THEIR POWERS OF COMMON SENSE FOR THE GOOD OF OUR COUNTRY."

The post followed last Wednesday's oral arguments before the Supreme Court, where the president's bid to end the automatic guarantee of citizenship to virtually everyone born on U.S. soil received its most consequential legal airing yet. Trump himself sat in the courtroom for the proceedings, a striking visual that underscored how personally he has invested in this fight.

The executive order at the center of the case was signed on January 20, 2025, Trump's first day back in office. It has never gone into effect.

The Birthright Question the Court Can't Avoid

According to The Mirror, Trump's Monday post urged the justices to watch the Mark Levin Show's treatment of what he called the "Birthright Citizenship Scam," adding that if they did, they would "never allow that money-making HOAX to continue." He also connected the case to tariffs, warning the Court not to repeat what he characterized as a prior failure:

"They failed miserably on Tariffs, needlessly costing the USA Hundreds of Billions of Dollars in potential rebates for the benefit haters and scammers. Why??? Don't do it again! The Country can only withstand so many bad decisions from a Court that just doesn't seem to care."

The substance beneath the rhetoric is worth taking seriously. The 14th Amendment, ratified in the aftermath of the Civil War, was designed to guarantee citizenship to freed slaves and their descendants. Trump made this point explicitly at a White House Easter event later on Wednesday, saying the amendment was written: "for the babies of slaves."

He then sharpened the argument:

"It wasn't for billionaire Chinese people who have 57 children that become American citizens."

Hyperbolic? Sure. But the underlying point is one that legal scholars across the spectrum have debated for decades. The amendment's framers were solving a specific historical injustice. Whether they intended to create a permanent, universal magnet for birth tourism and illegal immigration is, at minimum, a question the Court owes the country a serious answer to.

America Stands Nearly Alone

The United States is one of only 32 countries worldwide that offer unrestricted, automatic birthright citizenship, according to the Pew Research Center. Three additional countries offer it but require an application. That means the vast majority of the developed world, including every European nation, does not hand out citizenship simply because a birth happened to occur within its borders.

Trump put it more bluntly:

"We are the only Country in the World STUPID enough to allow 'Birthright' Citizenship!"

The number isn't quite that small, but the spirit of the claim holds. Most nations with advanced legal systems treat citizenship as something conferred through parentage, not geography. The idea that the United States must be constitutionally locked into the most permissive interpretation imaginable, forever, because of an amendment written to correct the injustice of slavery, deserves genuine scrutiny rather than reflexive dismissal.

That scrutiny is exactly what the oral arguments were supposed to provide. Several justices reportedly appeared skeptical during the proceedings, though the Court has not yet issued a ruling.

The Political Landscape Around the Case

The case has drawn major pushback from activists and protestors, which is neither surprising nor particularly informative. Every significant legal challenge to the status quo draws the same response from the same institutional players. The real question is whether the Court will engage with the textual and historical arguments or simply defer to decades of assumed precedent that was never rigorously tested.

Trump added at the Easter event, after laying out his view of the amendment's original purpose: "They didn't have that in mind. But, you know, it's hard to explain that to some people."

It shouldn't be that hard. The argument is straightforward. The 14th Amendment solved a moral crisis specific to its era. Extending it into a blanket entitlement for anyone who manages to give birth on American soil, regardless of legal status, is a policy choice masquerading as constitutional inevitability.

A President Who Shows Up

Whatever one thinks of Trump's social media style, the image of a sitting president attending oral arguments at the Supreme Court in a case he initiated tells you something about priorities. On April 1, his motorcade departed the White House for the Court. He sat through the arguments. Then he went back to the White House for an Easter event and kept making the case publicly.

That is not the behavior of someone treating this as a messaging exercise. This is a president who signed the order on Day One, watched the legal system wrestle with it for over a year, and then showed up in person to see the fight through.

The Court now has a choice. It can engage seriously with a question that most of the world answered long ago. Or it can treat the current interpretation as sacred text, beyond the reach of democratic deliberation.

Thirty-two countries offer what we offer. Over 160 do not. The Court doesn't need Mark Levin to explain the math. But a little common sense wouldn't hurt.

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