The vast majority of constitutional scholars — and the weight of legal precedent — reject his view of the issue. The Constitution's 14th Amendment guarantees citizenship to "all persons born … in the United States, and subject to the jurisdiction thereof." The Supreme Court ruled in 1898 that means a child born in the U.S. to foreign parents living in California acquired U.S. citizenship at birth.
However, Eastman and the administration argue that precedent only covers children of foreigners living permanently in the U.S., and that broader interpretations over the past 128 years that it guaranteed citizenship to almost anyone born on U.S. soil were mistaken...
https://www.politico.com/news/2026/03/31/birthright-citizenship-supreme-court-john-eastman-00851127
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