July 3, 2026

Barely Stopping Trump’s Assault on Birthright Citizenship

Alarmingly, only five members of the nine-person U.S. Supreme Court found the U.S. president’s executive order revoking birthright citizenship unconstitutional. This is a slender thread.

In a case the U.S. Supreme Court never should have agreed to hear, its members narrowly rejected Donald Trump’s attempt to eviscerate the Citizenship Clause of the U.S. Constitution’s 14th Amendment, which ensures citizenship to virtually every person born in the United States.

Trump signed an executive order on the first day of his second term in which he redefined who is an American for the first time in over 150 years. He sought to deny birthright citizenship to children of parents who are undocumented or in the U.S. on temporary visas for travel, work, school, or humanitarian reasons. 

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books by marjorie cohn
Drones and Targeted Killing The United States and Torture Rules of Disengagement Cowboy Republic: 6 Ways the Bush Gang Defied the Law Cameras in the Courtroom

about marjorie cohn

Marjorie Cohn is professor emerita at Thomas Jefferson School of Law where she taught for 25 years. The former president of the National Lawyers Guild and criminal defense attorney is a legal scholar and political analyst who writes books and articles, and lectures throughout the world about human rights, US foreign policy, and the contradiction between the two. She has testified before Congress and debated the legality of the war in Afghanistan at the prestigious Oxford Union. Her columns appear on Truthout, HuffPost, Salon, Jurist, Truthdig, Portside, CommonDreams and Consortium News, and she has provided commentary for CBS News, BBC, MSNBC, CNN, Fox News, NPR and Pacifica Radio. Learn more about Marjorie >>

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