Trump v. Barbara

146 S. Ct. 2438 (2026)

From our private database of 47,500+ case briefs, written and edited by humans—never with AI.

Trump v. Barbara

United States Supreme Court
146 S. Ct. 2438 (2026)

  • Written by Angela Patrick, JD
Trump v. Barbara

Facts

The Fourteenth Amendment’s Citizenship Clause states that anyone born in the United States “and subject to the jurisdiction thereof” is a citizen of the United States. In January 2025, President Donald Trump (defendant) issued an executive order declaring that if a child’s parents were in the United States unlawfully or temporarily at the time of the child’s birth, the child was not “subject to the jurisdiction” of the United States and, therefore, not a citizen. An asylum seeker residing in New Hampshire and other parents (plaintiffs) used pseudonyms, including the name “Barbara,” to sue on behalf of their children in federal district court. The lawsuit alleged that the executive order violated the Citizenship Clause. The district court certified a nationwide class of impacted children, ruled that the executive order violated the Fourteenth Amendment, and issued a preliminary injunction preventing enforcement of the order while the case was pending. The United States Supreme Court granted certiorari before judgment, agreeing to review the matter without additional proceedings.

Rule of Law

Issue

Holding and Reasoning (Roberts, C.J.)

Concurrence (Jackson, J.)

Concurrence (Kavanaugh, J.)

Dissent (Thomas, J.)

Dissent (Alito, J.)

Dissent (Gorsuch, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 955,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 955,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 47,500 briefs, keyed to 1,006 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
  • AI-generated podcast version of every brief — listen on the go, between classes, or whenever reading isn’t an option. New

Access this case brief for FREE

With a 7-day free trial membership
Here's why 955,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 47,500 briefs - keyed to 1,006 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Key Terms

  • Fourteenth AmendmentProvides that all persons born or naturalized in the United States are U.S. citizens. Also provides that no state shall: (1) abridge the privileges or immunities of a U.S. citizen; (2) deprive any person of life, liberty, or property, without due process of law; or (3) deny equal protection of the laws to anyone within its jurisdiction.
  • DomicileThe place that one considers and treats as one’s permanent home.
  • Citizenship Clause[Amendment XIV, Section 1, Clause 1] States that “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.”
  • Naturalized CitizenAn individual born in another country who is granted United States citizenship and all the rights and privileges of that status, except the eligibility to become President or Vice President.
  • NationalA citizen or noncitizen who owes allegiance to or is under the protection of the nation in question.
  • Jus SoliA legal principle that a person is a citizen or national of the state in which the person was born.

Understand your casebook readings in seconds

Use our case briefs to comprehend your casebook readings faster, supplement your notes and outlines, and outshine your peers in class.

Get instant access to over 47,500+ expert-written case briefs in a searchable database keyed to 1,006 law school casebooks.

Case book preview
Start your free 7-day trial