Courthouse Steps Preview: Trump v. Barbara

On June 27, 2025, a class action lawsuit was filed in the United States District Court for the District of New Hampshire challenging President Trump's Executive Order No. 14,160, which denies birthright citizenship to children born after February 19th, 2025 to parents who are either illegally present in or temporary residents of the United States. On July 10th, the District Court issued a preliminary injunction barring the execution of the order, and, in September, the Trump administration petitioned the Supreme Court for a writ of certiorari before judgment. The Court granted cert and will hear oral arguments in early 2026.

The case hinges on the question of whether children born to illegal or temporary residents of the United States are "subject to the jurisdiction thereof" and thus entitled to citizenship under the 14th amendment. Join us for this timely discussion on a case with immense implications for immigration enforcement, our understanding of the 14th amendment, and the meaning of birthright citizenship.

Featuring:

Trent McCotter, Partner, Boyden Gray PLLC
Prof. Michael Ramsey, Warren Distinguished Professor of Law, University of San Diego School of Law
Prof. Ilan Wurman, Julius E. Davis Professor of Law, University of Minnesota Law School
(Moderator) Prof. Randy Barnett, Patrick Hotung Professor of Constitutional Law, Georgetown University Law Center

* * * *

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.