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Who is an American? The Supreme Court will decide

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President Trump claims that there is no automatic guarantee to birthright citizenship in the Constitution.

But, will that claim hold up in court?

The Fourteenth Amendment to the Constitution, enacted after the Civil War, was aimed at reversing the Supreme Court’s infamous Dred Scott decision, a ruling that declared Black people, enslaved or free, could not be citizens of the United States. The Amendment says: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”

Challenges to birthright citizenship have long been considered a fringe legal theory. That’s because 127 years ago, the Supreme Court ruled to the contrary. Moreover, as if to put icing on the cake, Congress in 1940 passed a statute codifying birthright citizenship for any child born in the U.S. Trump, however, has long maintained that the Constitution does not guarantee birthright citizenship.

So, on Day 1 of his second presidential term, he issued an executive order barring automatic citizenship for any baby born in the U.S. whose parents entered the country illegally, or who were here legally but on a temporary visa. Now the case goes to the Supreme Court where it will almost certainly result in a historic ruling.

Copyright 2026 NPR



Nina Totenberg is NPR's award-winning legal affairs correspondent. Her reports air regularly on NPR's critically acclaimed newsmagazines All Things Considered, Morning Edition, and Weekend Edition.

Totenberg's coverage of the Supreme Court and legal affairs has won her widespread recognition. She is often featured in documentaries — most recently RBG — that deal with issues before the court. As Newsweek put it, "The mainstays [of NPR] are Morning Edition and All Things Considered. But the creme de la creme is Nina Totenberg."

In 1991, her ground-breaking report about University of Oklahoma Law Professor Anita Hill's allegations of sexual harassment by Judge Clarence Thomas led the Senate Judiciary Committee to re-open Thomas's Supreme Court confirmation hearings to consider Hill's charges. NPR received the prestigious George Foster Peabody Award for its gavel-to-gavel coverage — anchored by Totenberg — of both the original hearings and the inquiry into Anita Hill's allegations, and for Totenberg's reports and exclusive interview with Hill.

That same coverage earned Totenberg additional awards, including the Long Island University George Polk Award for excellence in journalism; the Sigma Delta Chi Award from the Society of Professional Journalists for investigative reporting; the Carr Van Anda Award from the Scripps School of Journalism; and the prestigious Joan S. Barone Award for excellence in Washington-based national affairs/public policy reporting, which also acknowledged her coverage of Justice Thurgood Marshall's retirement.

Totenberg was named Broadcaster of the Year and honored with the 1998 Sol Taishoff Award for Excellence in Broadcasting from the National Press Foundation. She is the first radio journalist to receive the award. She is also the recipient of the American Judicature Society's first-ever award honoring a career body of work in the field of journalism and the law. In 1988, Totenberg won the Alfred I. duPont-Columbia University Silver Baton for her coverage of Supreme Court nominations. The jurors of the award stated, "Ms. Totenberg broke the story of Judge (Douglas) Ginsburg's use of marijuana, raising issues of changing social values and credibility with careful perspective under deadline pressure."

Totenberg has been honored seven times by the American Bar Association for continued excellence in legal reporting and has received more than two dozen honorary degrees. On a lighter note, Esquire magazine twice named her one of the "Women We Love."

A frequent contributor on TV shows, she has also written for major newspapers and periodicals — among them, The New York Times Magazine, The Harvard Law Review, The Christian Science Monitor, and New York Magazine, and others.

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