Supreme Court of the United States · Official docket →
Donald J. Trump, President of the United States, et al. v. Barbara, et al.
Paid petition · United States Court of Appeals for the First Circuit, No. 25-1861
Decided · June 30, 2026
Pre-decision estimate: 51% cert probability (95% interval 34%–69%)
Before the decision, about 12.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a First Circuit decision 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.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Cody Hirt Wofsy
American Civil Liberties Union Foundation
Case
Conference history
Distributed for 2 conferences
Amicus briefs
8 cert-stage · 62 merits
(22 supporting pet./neither, 40 respondent)
Argument & decision
Argued April 1, 2026 — D. John Sauer · Cecillia D. Wang. Audio and transcript
Decided June 30, 2026. Opinion by Roberts, C.J..
Proceedings
- Aug 03 2026Judgment Issued.
- Jun 30 2026Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion, in which Sotomayor, J., joined as to the introduction and Part I. Kavanaugh, J., filed an opinion concurring in the judgment and dissenting in part. Thomas, J., filed a dissenting opinion, in which Gorsuch, J., joined. Alito, J., and Gorsuch, J., filed dissenting opinions.
- Apr 01 2026Argued. For petitioners: D. John Sauer, Solicitor General, Department of Justice, Washington, D. C. For respondents: Cecillia D. Wang, San Francisco, Cal.
- Mar 19 2026Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)
- Feb 26 2026Amicus brief of Scholars of Constitutional Law and Immigration not accepted for filing. (To be corrected - February 26, 2026)
- Feb 26 2026Brief amici curiae of Scholars of Constitutional Law and Immigration filed. (Corrected - February 26, 2026.) (Distributed)
- Feb 26 2026Brief amicus curiae of Project Rousseau filed. (Distributed)
- Feb 26 2026Brief amici curiae of Global Strategic Litigation Council, et al filed. (Distributed)
- Feb 26 2026Brief amici curiae of The Fred T. Korematsu Center for Law and Equality, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of Secure Families Initiative, et al. filed. (Distributed)
- Feb 26 2026Brief amicus curiae of Cato Institute filed. (Distributed)
- Feb 26 2026Brief amici curiae of Current and Former Elected Officials, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of Originalist Scholars Evan D. Bernick, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of The Aoki Center for Critical Race and Nation Studies at The University of California, et al. filed. (Distributed)
- Feb 26 2026Brief amicus curiae of Neutral Principles filed. (Distributed)
- Feb 26 2026Brief amici curiae of Local Governments, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of Lawyers’ Committee for Civil Rights Under Law, et al. filed. (Distributed)
- Feb 26 2026Brief amicus curiae of Professor Keith Whittington filed. (Distributed)
- Feb 26 2026Brief amici curiae of Black Immigrants’ Rights Organizations filed. (Distributed)
- Feb 26 2026Brief amicus curiae of American Bar Association filed. (Distributed)
- Feb 26 2026Brief amici curiae of State of New Jersey, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of CASA, The League of United Latin American Citizens, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of LatinoJustice PRLDEF, et al. filed. (Distributed)
- Feb 26 2026Brief amicus curiae of The Emory Civil Rights Society filed. (Distributed)
- Feb 26 2026Brief amici curiae of Tyler Anbinder, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of U.S. Conference of Catholic Bishops, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of The Society for the Rule of Law Institute and Former White House Lawyers, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of Historian Martha S. Jones, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of Federal Indian Law Scholars Gregory Ablavsky, et al. filed. (Distributed)
- Feb 26 2026Brief amicus curiae of Professor Eric L. Muller filed. (Distributed)
- Feb 26 2026Brief amici curiae of Reprieve, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of Charitable Irish Society of Boston, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of Professors Caitlin Patler, et al. filed. (Distributed)
- Feb 26 2026Brief amici curiae of First Focus on Children, et al. filed. (Distributed)
- Feb 26 2026Amicus brief of Faith-Based Organizations not accepted for filing. (To be corrected - March 03, 2026.)
- Feb 26 2026Brief amici curiae of Faith-Based Organizations filed. (Distributed)
- Feb 26 2026Amicus brief of Race Law Scholars not accepted for filing. (To be corrected - March 02, 2026)
- Feb 26 2026Brief amici curiae of Race Law Scholars filed. (Distributed)
- Feb 26 2026Brief amicus curiae of Corey J. Biazzo, filed. (Distributed)
- Feb 26 2026Brief amici curiae of South Asian American Justice Collaborative, et al. filed. (Distributed)
- Feb 25 2026CIRCULATED
- Feb 25 2026Brief amici curiae of National Asian Pacific American Bar Association, et al. filed. (Distributed)
- Feb 25 2026Brief amicus curiae of Chinese American Legal Defense Alliance filed.(Distributed)
- Feb 25 2026Brief amicus curiae of Professor Amanda L. Tyler filed. (Distributed)
- Feb 24 2026Brief amici curiae of Professor Gabriel J. Chin, et al. filed. (Distributed)
- Feb 24 2026Brief amici curiae of 19 Labor Organizations filed. (Distributed)
- Feb 23 2026Brief amicus curiae of Professor Akhil Reed Amar filed. (Distributed)
- Feb 19 2026Brief of respondents Barbara, et al. filed.
- Feb 19 2026Brief of amici curiae Members of Congress filed. (Electronic and paper copies to be corrected - February 24, 2026.)
- Feb 19 2026Brief amici curiae of Members of Congress filed. (Corrected brief - February 26, 2026.) (Distributed)
- Feb 18 2026Brief amici curiae of Citizenship Law Scholars filed.
- Feb 18 2026Brief amicus curiae of David Boyle filed.
- Feb 17 2026Record received electronically from the United States District Court for the District of New Hampshire and available with the Clerk.
- Feb 10 2026Record requested from the United States Court of Appeals for the First Circuit.
- Feb 10 2026Record received from the United States Court of Appeals for the First Circuit. The record is electronic and is available on PACER.
- Feb 03 2026Brief amici curiae of Professor Gerard N. Magliocca filed.
- Jan 30 2026SET FOR ARGUMENT on Wednesday, April 1, 2026.
- Jan 28 2026Amicus brief of William T. Dickson not accepted for filing. (To be corrected - February 6, 2026.)
- Jan 28 2026Brief amicus curiae of William T. Dickson filed. (Corrected)
- Jan 28 2026Brief amici curiae of Senator Ted Cruz, et al. filed.
- Jan 27 2026Brief amicus curiae of Professor Ilan Wurman filed.
- Jan 27 2026Brief amicus curiae of Federation for American Immigration Reform filed.
- Jan 27 2026Amicus brief of Kirkwood Institute, et al. not accepted for filing. (To be corrected - February 4, 2026)
- Jan 27 2026Brief amici curiae of Kirkwood Institute, Inc., et al. filed. (Corrected)
- Jan 27 2026Brief amici curiae of Claudia Tenney, et al. filed.
- Jan 27 2026Amicus brief of Former National Security Official Joshua Steinman not accepted for filing. (Corrected PDF to be submitted - January 29, 2026.)
- Jan 27 2026Brief amicus curiae of Former National Security Official Joshua Steinman filed. (Corrected)
- Jan 27 2026Brief amici curiae of Michael T. Morley, et al. filed.
- Jan 27 2026Brief amicus curiae of Christian Family Coalition of Florida (CFC), Inc. filed.
- Jan 27 2026Brief amicus curiae of Coolidge Reagan Foundation filed.
- Jan 27 2026Brief amici curiae of Tennessee, et al. filed.
- Jan 27 2026Brief amicus curiae of Honorable Edwin Meese III filed.
- Jan 27 2026Brief amicus curiae of Professor Richard A. Epstein filed.
- Jan 27 2026Brief amici curiae of America's Future, et al. filed.
- Jan 27 2026Brief amicus curiae of America First Policy Institute filed.
- Jan 27 2026Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed.
- Jan 23 2026Brief amici curiae of Senator Eric Schmitt, et al. filed.
- Jan 23 2026Brief amicus curiae of Center for Renewing America filed.
- Jan 23 2026Brief amicus curiae of Article III Project filed.
- Jan 20 2026Brief of petitioners Donald J. Trump, President of the United States, et al. filed.
- Jan 12 2026Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Dec 17 2025Motion to dispense with printing the joint appendix filed by petitioners Donald J. Trump, President of the United States, et al.
- Dec 05 2025Petition for a writ of certiorari before judgment GRANTED.
- Dec 01 2025DISTRIBUTED for Conference of 12/5/2025.
- Nov 06 2025Reply of petitioner Donald J. Trump, President of the United States, et al. filed. (Distributed)
- Nov 05 2025DISTRIBUTED for Conference of 11/21/2025.
- Nov 04 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
- Oct 29 2025Brief amicus curiae of Brief of Christian Family Coalition of Florida (CFC), Inc. filed. VIDED.
- Oct 29 2025Brief amicus curiae of Corey J. Biazzo, Esq., et al. filed. VIDED.
- Oct 29 2025Brief amici curiae of U.S. Senators Ted Cruz, et al. filed. VIDED.
- Oct 29 2025Brief amici curiae of America's Future, et al. filed. VIDED.
- Oct 29 2025Brief of respondents Barbara, et al. in opposition filed.
- Oct 29 2025Brief amicus curiae of Claremont Institute's Center for Constitutional Jurisprudence filed. VIDED.
- Oct 27 2025Brief amici curiae of Federation for American Immigration Reform, et al. filed. VIDED.
- Oct 24 2025Brief amici curiae of Tennessee, et al. filed. VIDED.
- Oct 10 2025Brief amici curiae of 18 Members of the Committee on the Judiciary of the U.S. House of Representatives filed. VIDED.
- Sep 26 2025Petition for a writ of certiorari before judgment filed. (Response due October 29, 2025)