Congressional Digest

Supreme Court Debates May 2026 No. 5 Vol. 29
U.S. Sen. Ted Cruz (R-Texas), Rep. Jim Jordan (R-Ohio) et al., Amici Curiae

Birthright Citizenship

Donald Trump Reinterprets the Fourteenth Amendment

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U.S. Sen. Ted Cruz (R-Texas), Rep. Jim Jordan (R-Ohio) et al., Amici Curiae

Cruz and Jordan are joined in this brief by 26 other members of Congress. The following is excerpted from the Amici Curiae Brief for Petitioners as submitted to the U.S. Supreme Court on Jan. 27, 2026. The Fourteenth Amendment confers citizenship on any person who is both 1) “born or naturalized in the United States” and 2) “subject to the jurisdiction thereof.” The first clause has been construed to exclude those born in U.S. territories, despite being literally “in” the United States. And “jurisdiction” in the second clause (the “jurisdiction clause”) invokes the historic doctrine of “ligeantia,” meaning the person…

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