The Birthright Citizenship Ruling Is Coming. Here Is What I Think Happens.

Jun 26, 2026

They popped the Champagne on Thursday and celebrated their win, so let’s show up in November and make it the last one they ever get.

Two immigration related Supreme Court rulings landed today. A third on birthright citizenship, is coming any day now. Let me tell you what I think happens next.

But first, this morning, six justices on the United States Supreme Court got two things wrong at once. And they buried it in legal language designed to make you stop reading. I broke down both rulings here: “Six Justices Put Out the Statue of Liberty’s Torch This Morning.”

Now a third ruling is coming. Within days. It might even land tomorrow.

This one is the biggest immigration case of the year. Maybe the century.

It is called Trump v. Barbara and it’s referred to as the the birthright citizenship case.1

Here is the question in front of the Court. A President wants the power to erase birthright citizenship with a single signature. He wants to decide that a baby born on American soil is not a citizen, simply because the parents are undocumented or here on a temporary visa.

For more than a hundred years, the answer has been no. The Fourteenth Amendment guarantees citizenship to almost everyone born on this soil. The Supreme Court locked that in back in 1898, in a case called United States versus Wong Kim Ark. This administration wants to punch a hole through that promise by twisting three little words. Subject to the jurisdiction.

So with all of that in mind here’s what I believe is going to happen next.

Today’s two losses do not mean the Court is about to gut birthright citizenship. In fact, they point the other way. Here is why.

Today’s cases were about statutes and executive power. That is the exact ground where this Court keeps handing the President room to run and shutting judges out. Birthright citizenship is different. It lives in the Constitution itself.

Back in April, during oral argument, the justices the President needs sounded skeptical. Justice Brett Kavanaugh pushed back hard on inventing brand new exceptions to a rule this country has honored for generations. Every single federal court that has touched this order has struck it down.

Remember why the Fourteenth Amendment exists. It was written to bury the Dred Scott decision and to protect the very people this nation once tried to erase. Letting a President rewrite that with a signature crosses a line even this conservative majority has refused to cross.

So my prediction is simple. The Court strikes the order down. Birthright citizenship survives.

Now hold the celebration.

A win on paper is not the same as protection in your hands. Especially with this court. This majority has a habit of shrinking the fix, even when it rules against the President. They did it last year when they narrowed nationwide injunctions.

So watch the fine print. The Court might strike the order and still narrow who the win protects. It might leave the fight tangled up in the lower courts. It might hand this administration enough room to chip away at citizenship through paperwork and delay.

When the decision drops, I will be reading it line by line. If I called it wrong, you will hear from me with a full breakdown of what the Court did and what it means for you. For now, this is where I stand.

Mitch Jackson, Esq.