Supreme Court to Hear Historic Birthright Citizenship Case

The Supreme Court is set to hear arguments regarding the contentious issue of birthright citizenship, a legal principle rooted in the 14th Amendment, which has been debated for over 150 years. The case centers on whether children born on U.S. soil, regardless of their parents' immigration status, are entitled to citizenship. The American Bar Association (ABA) has submitted an amicus brief advocating for the continuation of this policy, asserting that the amendment's language supports birthright citizenship.

The Hill

The 14th Amendment, ratified in 1868, states that "all persons born or naturalized in the United States... are citizens of the United States." However, the phrase "and subject to the jurisdiction thereof" has sparked debate over its interpretation. Critics argue that this language was intended to limit citizenship to those fully subject to U.S. laws, while proponents maintain it guarantees citizenship to all born on American soil.

The Hill

The ABA, founded in 1878, initially aimed to establish standards for the legal profession. However, its recent advocacy positions, particularly on issues like abortion and immigration, have drawn criticism for perceived partisanship. The ABA's current president, Michele Behnke, has signed the brief supporting birthright citizenship, predicting dire consequences for order and due process if the Supreme Court rules against it.

The Hill

Critics argue that the ABA no longer represents the majority of American lawyers, with its membership dwindling from 400,000 in 2015 to approximately 227,000 today, representing only 17% of the legal profession. Detractors claim that the ABA's shift towards partisan advocacy has alienated many lawyers, leading to a loss of trust in the organization. This sentiment is echoed in broader societal trends, where institutions like higher education and the media are also experiencing declining public trust.

The Hill

The ABA's brief asserts that the historical and legal context of the 14th Amendment supports birthright citizenship. It emphasizes the potential chaos that could ensue if the Supreme Court were to overturn this long-standing interpretation. However, the brief has been criticized for not reflecting the views of the majority of lawyers, as the ABA's membership continues to decline.

The Hill

The Supreme Court's ruling on this case will have significant implications for immigration policy and citizenship rights in the United States. Regardless of the outcome, the ABA's role and influence within the legal community may continue to diminish, as various states consider alternatives to its historical role in bar memberships.

The Hill

• “It simply declares the language and history clear and resolved.” — Michele Behnke, ABA President

The Hill

• “The brief reaffirmed for many lawyers that the ABA is no longer a neutral and fair representative for all lawyers.” — Jonathan Turley, Law Professor

The Hill

The upcoming Supreme Court decision will not only shape the future of birthright citizenship but also determine the ABA's standing within the legal community, potentially marking a pivotal moment in the ongoing debate over immigration and citizenship in the United States.

The Hill