Supreme Court to Hear Birthright Citizenship Case

Legal experts examine the history behind the 14th Amendment's citizenship clause.

Mar. 17, 2026 at 1:05pm

Got story updates? Submit your updates here. ›

The U.S. Supreme Court will soon hear oral arguments in a case challenging birthright citizenship, which was established by the Reconstruction-era 14th Amendment. Legal experts discuss how the history of migration and state-level immigration laws in the 19th century informed the framers' intent when drafting the amendment's citizenship clause.

Why it matters

The Supreme Court's conservative majority has signaled a willingness to reconsider the scope of birthright citizenship, raising concerns that a ruling against it could have far-reaching implications for immigration policy and the rights of millions of Americans.

The details

The 14th Amendment grants citizenship to 'all persons born or naturalized in the United States and subject to the jurisdiction thereof.' Experts explain that this was specifically intended to apply to the children of formerly enslaved people. However, they note that the pre-federal immigration era was marked by extensive state-level migration restrictions, with some states even deporting 'undesirable' migrants. The framers of the 14th Amendment were aware of these state laws and unauthorized migration, yet chose to use the broad language of 'all persons' in the citizenship clause.

  • The Supreme Court will hear oral arguments in the birthright citizenship case in two weeks.
  • The 14th Amendment was passed during the Reconstruction era following the Civil War.

The players

Anna O. Law

The Herbert Kurz chair in constitutional rights at CUNY Brooklyn College, who discussed the history of state-level immigration laws in the 19th century.

Dahlia Lithwick

The co-host of the Slate 'Amicus' podcast, who pointed out how originalist interpretations of history can influence legal arguments.

Got photos? Submit your photos here. ›

What they’re saying

“The biggest myth about American immigration is that until the federal government started enforcing our borders in the late 19th century, it was just open borders.”

— Anna O. Law, Herbert Kurz chair in constitutional rights at CUNY Brooklyn College (Slate's "Amicus" podcast)

“'People who can't economically take care of themselves, we don't want them' – well, that originated in the colonial period.”

— Anna O. Law, Herbert Kurz chair in constitutional rights at CUNY Brooklyn College (Slate's "Amicus" podcast)

What’s next

The Supreme Court will decide in the coming weeks whether to uphold or overturn the longstanding interpretation of birthright citizenship under the 14th Amendment.

The takeaway

This case highlights how historical narratives about immigration can shape modern legal debates, underscoring the importance of accurate scholarship on the complex history behind the 14th Amendment's citizenship clause.