Vice President JD Vance strongly criticized the U.S. Supreme Court (SCOTUS) following its decision to strike down the Trump administration’s executive order (EO) on birthright citizenship. Speaking in a televised interview on Fox News, Vance labeled the ruling a “major, major mistake” and argued that the concept of automatic citizenship for children born to illegal aliens or foreign tourists represents an “absurdity to the 14th Amendment.” A truism.
Despite the legal blow to one of the administration’s signature immigration priorities, Vance maintained an optimistic outlook for the GOP’s long-term legal strategy, noting that aspects of the decision were closely divided and suggesting the policy remains vulnerable to future challenges. “This was a very disappointing ruling from the Supreme Court. We respect it, but we also think that it was a major, major mistake,” he said. “One of the things that it might invite, Laura, is people to come here quite literally on a vacation, give birth, and then all of a sudden the child and their family have the full benefits of American citizenship,” Vance told Fox News’s Laura Ingraham. “It’s just a preposterous ruling, and the absurdity of that outcome suggests why the Supreme Court should have went the other way.”m
The high court’s ruling delivered a setback to President Donald Trump’s efforts to unilaterally dismantle the modernized principle that anyone born on U.S. soil should automatically become an American citizen.While the overall decision to invalidate the EO fell along a 6–3 lines, Vance highlighted the narrower 5–4 split among the justices regarding the broader constitutional understanding of the Citizenship Clause.
According to Vance, this narrow margin suggests that the current interpretation of birthright citizenship is “hanging by a thread” and signals an opportunity for a legal campaign to eventually reverse the precedent, drawing parallels to the ultimate success in overturning landmark decisions like Roe v. Wade. The EO at the center of the case sought to deny automatic citizenship to children born in the United States unless at least one parent was a citizen or permanent resident. The GOP administration maintains that the move is a necessary measure to curb “birth tourism” and disincentivize illegal immigration.
