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Donald J. Trump, President of the United States, et al. v. Washington, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 25-807 · judgment July 23, 2025


Certiorari denied · June 30, 2026
Pre-decision estimate: 46% cert probability (95% interval 37%–56%)

Before the decision, about 11.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a petition filed soon after the judgment below.

Question presented

The Citizenship Clause of the Fourteenth Amendment provides that those “born * * * in the United States, and subject to the jurisdiction thereof,” are U.S. citizens. U.S. Const. Amend. XIV, § 1. The Clause was adopted to confer citizenship on the newly freed slaves and their children, not on the children of aliens temporarily visiting the United States or of illegal aliens. On January 20, 2025, President Trump issued Executive Order No. 14,160, Protecting the Meaning and Value of American Citizenship, which restores the original meaning of the Citizenship Clause and provides, on a prospective basis only, that children of temporary visitors and illegal aliens are not U.S. citizens by birth. The Citizenship Order directs federal agencies not to issue or accept citizenship documents for such children born more than 30 days after the Order’s effective date. The question presented is whether the Executive Order complies on its face with the Citizenship Clause and with 8 U.S.C. 1401(a), which codifies that Clause. (I)

Counsel of record

For petitioner
D. John Sauer
Solicitor General

For respondent
Noah Guzzo Purcell
Office of the Attorney General

Case

Conference history
Distributed for 3 conferences

Amicus briefs
8 cert-stage

Proceedings

  1. Jun 30 2026
    Petition DENIED.
  2. Jun 29 2026
    DISTRIBUTED for Conference of 6/29/2026.
  3. Jan 28 2026
    Amicus brief of William T. Dickson not accepted for filing. (February 06, 2026)
  4. Dec 01 2025
    DISTRIBUTED for Conference of 12/5/2025.
  5. Nov 06 2025
    Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)
  6. Nov 05 2025
    DISTRIBUTED for Conference of 11/21/2025.
  7. Nov 04 2025
    Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
  8. Oct 29 2025
    Brief amicus curiae of Christian Family Coalition of Florida (CFC), Inc. filed. VIDED.
  9. Oct 29 2025
    Brief amici curiae of Corey J. Biazzo, et al. filed. VIDED.
  10. Oct 29 2025
    Brief amici curiae of U.S. Senator Ted Cruz, et al. filed. VIDED.
  11. Oct 29 2025
    Brief amici curiae of America's Future, et al. filed. VIDED.
  12. Oct 29 2025
    Brief of respondents Washington, et al. filed.
  13. Oct 29 2025
    Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. VIDED.
  14. Oct 27 2025
    Brief amici curiae of Federation for American Immigration Reform, et al. filed. VIDED.
  15. Oct 24 2025
    Brief amici curiae of Tennessee, et al. filed. VIDED.
  16. Oct 10 2025
    Brief amicus curiae of 18 Members of the Committee on the Judiciary of the U.S. House of Representatives filed. VIDED.
  17. Sep 26 2025
    Petition for a writ of certiorari filed. (Response due October 29, 2025)