Supreme Court Leans Toward Upholding Birthright Citizenship; Rules Against Conversion Therapy Ban Restrictions

The US Supreme Court wrapped up its March argument session this week, hearing cases like Abouammo v. United States, Jules v. Andre Balazs Properties, Pitchford v. Cain, and the high-profile Trump v. Barbara on birthright citizenship. In Trump v. Barbara, argued April 1, justices appeared skeptical of President Trump's January 2025 executive order denying citizenship to children born in the US to undocumented or temporarily present mothers without citizen or permanent resident fathers. Drawing on the 14th Amendment and the 1898 Wong Kim Ark precedent affirming jus soli birthright citizenship, several justices, including Gorsuch and Barrett, probed the government's arguments about "subject to the jurisdiction thereof," referencing historical exclusions like Native Americans and hypotheticals on dual citizens or trafficked parents. Trump attended oral arguments in a historic move, but the court seemed to lean toward upholding birthright citizenship, with a decision expected by late June or early July; lower court blocks remain in place.

Earlier Tuesday, the court ruled in Chiles v. Salazar that Colorado's conversion therapy ban, as applied to talk therapy, regulates speech based on viewpoint and demands stricter First Amendment scrutiny, overturning lower courts. Religion News Service noted concerns from LGBTQ faith leaders about risks to youth, while liberal voices criticized the decision for ignoring potential harms from non-affirming therapists.

On Thursday, justices held a private conference to vote on petitions, with orders due Monday at 9:30 a.m. EDT. The next arguments start April 20. Separately, the Board of Immigration Appeals on April 2 clarified obstruction of justice definitions under immigration law, aligning with recent Supreme Court guidance in Pugin v. Garland.

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