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By Gabe Whisnant
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President Donald Trump told reporters that he "thinks" he will attend Wednesday's Supreme Court hearing on the issue of birthright citizenship.
There is no record of a sitting U.S. president ever attending oral arguments at the Supreme Court. Trump attended the investiture ceremonies for Justices Neil Gorsuch (2017) and Brett Kavanaugh (2018), as well as a 2020 ceremony for Justice Ruth Bader Ginsburg, but not live oral arguments.
In 2025, Trump said he might attend Supreme Court arguments over his tariff authority on November 5, but ultimately did not appear.
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When asked about the upcoming Trump v. Barbara arguments, a case challenging Trump’s executive order seeking to end birthright citizenship for certain children born in the U.S., Trump interrupted, "And I'm going." He continued, "I think so. I do believe."
"This was about the babies of slaves, not Chinese Billionaires who have 56 kids, all of whom 'become' American Citizens. One of the many Great Scams of our time," Trump added Wednesday in the Oval Office, echoing his previous social media and public comments about the issue.
Birthright Citizenship: What to Know
Birthright citizenship is rooted in the legal doctrine of jus soli, or the “right of soil,” which grants citizenship based on place of birth.
In the United States, the principle is enshrined in the Constitution through the 14th Amendment, adopted after the Civil War in part to ensure that formerly enslaved people and their descendants would be recognized as citizens. The amendment states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”
In the late 19th century, the Supreme Court clarified that the guarantee extends to the children of immigrants. In an 1898 decision, the court ruled in United States v. Wong Kim Ark that the Constitution grants citizenship to nearly everyone born on U.S. soil, regardless of their parents’ nationality or legal status.
Today, there are only limited exceptions to birthright citizenship, most notably for children born in the United States to foreign diplomats, who are not considered subject to U.S. jurisdiction.
Only about three dozen countries—most of them in the Americas—guarantee citizenship to children born on their territory.
Most nations instead follow the principle of jus sanguinis, or “right of blood,” under which a child’s citizenship is based on the citizenship of their parents, regardless of where the child is born.
None of the 27 member states of the European Union grant automatic, unconditional citizenship to children born on their soil to foreign parents. Similar restrictions exist across much of Asia, the Middle East and Africa.
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Courts Reject Trump Admin's Interpretation of Birthright Citizenship
Supporters of restricting birthright citizenship point to a specific phrase in the 14th Amendment—“subject to the jurisdiction thereof”—arguing it allows the United States to deny citizenship to children born to parents who are in the country illegally.
Courts have repeatedly rejected that interpretation. A series of federal judges have ruled against the Trump administration, blocking the executive order from taking effect.
The case now before the Supreme Court originated in New Hampshire, where a U.S. district judge ruled the order “likely violates” both the Constitution and federal law.
The case unfolds against a backdrop of escalating tension between Trump and the judiciary. The president has repeatedly attacked federal judges and Supreme Court justices who have ruled against his policies, at times singling out individual jurists by name and questioning their motives or legitimacy.
"Birthright Citizenship is not about rich people from China, and the rest of the World, who want their children, and hundreds of thousands more, FOR PAY, to ridiculously become citizens of the United States of America," he wrote on Truth Social in the early hours of Monday morning.
"It is about the BABIES OF SLAVES! We are the only Country in the World that dignifies this subject with even discussion," he said. "Look at the dates of this long ago legislation - THE EXACT END OF THE CIVIL WAR!"
He went on to add: "Dumb Judges and Justices will not a great Country make!"
His sharp criticisms have drawn rare public warnings from Chief Justice John Roberts and other legal figures, who have cautioned that personal attacks on judges risk undermining judicial independence.
The president added Tuesday to reporters about the current justices, “I love a few of them, I don’t like some others."
Updates: 3/31/26, 7:07 p.m. ET: This article was updated with new information and remarks.
Reporting by the Associated Press contributed to this article.
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