The Supreme Court on Tuesday upheld birthright citizenship.

The ruling is a major setback for President Trump after he issued an executive order to restrict birthright citizenship as part of his administration’s immigration agenda.

“Children born in the United States to parents unlawfully or temporarily present are ‘subject to the jurisdiction’ of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause,” Chief Justice John Roberts wrote for the majority, according to CNBC.

Justice Amy Coney Barrett, along with the court’s three liberal justices, Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson, joined Roberts in the majority opinion.

Fox News shared a breaking alert:

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CNBC shared further:

Another conservative, Justice Brett Kavanaugh, wrote that he did not believe Trump’s executive order violated the 14th Amendment, but that it “does contravene a federal statute” adopted in 1940 that addresses the citizenship of people born in the U.S.

The court’s justices had signaled during oral arguments in April that they would affirm that individuals born in the United States to non-U.S. citizens are automatically granted citizenship.

Trump attended the oral arguments, the first sitting president ever to do so.

The case is known as Trump v. Barbara.

The citizenship clause of the 14th Amendment of the U.S. Constitution, which was adopted in 1868, says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Trump’s executive order, issued on the first day of his second administration, would eliminate birthright citizenship for children born in the United States to parents who are in the country illegally or are in the country temporarily.

“During border coverage, we saw a lot of women who were very obviously in late term pregnancies who were crossing the river illegally, likely knowing that giving birth on US soil would immediately give their child US citizenship. There have been instances where women have given birth at Border Patrol stations immediately after being apprehended,” Fox News congressional correspondent Bill Melugin commented.

“The ruling was 5-4 on the 14th Amendment and 6-3 on the Congressional citizenship statute. Roberts was joined by Sotomayor, Karan, Barrett, and Jackson, with Kavanaugh concurring in part on the statutory question,” he added.

NBC News has more:

It is the third significant Supreme Court loss for Trump in recent months, following the February ruling that invalidated his sweeping tariffs and Monday’s decision that barred him from immediately firing Lisa Cook from the Federal Reserve. The court has a 6-3 conservative majority, including three justices Trump himself appointed, and has ruled in the president’s favor in other important cases.

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Writing for the majority, Chief Justice John Roberts wrote there was “scant evidence” in favor of the Trump administration’s radical reimagining of the way the law has been understood for decades.

“Citizenship then and now, was the right to have rights — to freely participate in our political community,” Roberts wrote.

The 14th Amendment was enacted after the Civil War to ensure that everyone, including former slaves, would have those rights, he added. “We keep that promise today,” Roberts said.

Three conservatives would have ruled in Trump’s favor, saying that the 14th Amendment would allow his executive order: Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.

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