PILF Represents Attorney General Ed Meese that Supreme Court has Never Supported Birthright Citizenship
(Boston, MA) – March 25, 2025: The Public Interest Legal Foundation (PILF) filed amicus curiae briefs in several lawsuits seeking to block President Trump’s birthright citizenship Executive Order (EO) 14160. PILF filed the amicus briefs on behalf of former U.S. Attorney General under Ronald Reagan, Edwin Meese III.
The briefs argue that EO 14160 correctly follows the Fourteenth Amendment by its original intent and opposes any preliminary injunction. PILF writes:
“The text and legislative history of the Fourteenth Amendment demonstrate that birthright citizenship was intended to apply only to individuals who are fully subject to the political jurisdiction of the United States.”
The briefs also note that Supreme Court precedence does not support the idea of universal birthright citizenship, though some believe cases like United States v. Wong Kim Ark provide justification for a broader interpretation of the 14th Amendment.
From the briefs: “Wong Kim Ark did not address the question of whether children born to individuals who are unlawfully present in the United States qualify for birthright citizenship, no matter how many newspapers or television reporters say otherwise. The parents of Wong Kim Ark were lawful permanent residents, meaning they had a recognized and legitimate presence within the country.”
Thus, political jurisdiction is a prerequisite before birthright citizenship applies to a given national.
PILF President and General Counsel Christian Adams said, “Birthright citizenship is based on a mistaken interpretation of a Supreme Court opinion. The Court never held everyone born on American soil is a citizen, even though the media would have you think otherwise.”
The briefs were filed in cases under consideration in the United States District Court for the District of Massachusetts (New Jersey v. Trump and Doe v. Trump). Frank McNamara serves as local counsel.
Read the amicus briefs here.
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Public Interest Legal Foundation (PILF) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. PILF has brought lawsuits and won victories in Texas, Mississippi, North Carolina, Virginia, Maryland, Pennsylvania, Michigan, and across the United States.