Trump demands constitutionally impossible workaround to Supreme Court snub

President Donald Trump greets Supreme Court justices after addressing a joint session of Congress, March 4, 2025. Image via Screengrab / PBS.

President Donald Trump, appearing not to grasp the legal effect of the Supreme Court’s majority opinion that struck down his executive order on birthright citizenship, just hours later floated a workaround.

“The Supreme Court upheld Birthright Citizenship, which is too bad for our Country, but we can easily make it up in Congress through Legislation, with the support of the President, that has now been determined during this process,” Trump wrote on Truth Social. “No long and unwieldy Constitutional Amendment is necessary! Congress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship.”

Politico senior legal affairs reporter Kyle Cheney responded to the president’s message, writing, “Trump incorrectly suggests Congress can act to limit birthright citizenship without a constitutional amendment, which the majority foreclosed.”

Chief Justice John Roberts, writing for the 6-3 majority, said, “Citizenship, then and now, was the right to have rights — to freely participate in our political community.”

“The framers of the 14th Amendment extended that promise to ‘every free-born person in this land,’” he added. “We keep that promise today.”

As The New York Times noted, Trump “wrongly asserted that ‘no long and unwieldy Constitutional Amendment is necessary.'”

And as NBC News reported, a constitutional amendment would be required to change the law. That means a two-thirds majority in the House and the Senate — plus ratification by three-fourths of the state legislatures.

Speaker of the House Mike Johnson, a constitutional lawyer, noted that he was “very disappointed” with the ruling, as Alternet reported. But, contrary to Trump’s take, Johnson said that it is time to amend the Constitution over birthright citizenship, which he argued has been “grossly abused in recent years.”

Noting that Trump had attended oral arguments for the birthright citizenship case, journalist Gabe Fleisher wrote that “Trump has now responded to the birthright citizenship opinion, but does not seem to have understood its holding. Trump says that birthright citizenship could still be undone by statute, without a constitutional amendment, even though a 5-justice majority said the opposite.”

Forbes’ Mark Joyella responded to Trump’s claim, writing, “Ya gotta love how little Trump understands how this country works.”

Journalist Michael McGough asked, “Did he even consult with a lawyer before coming out with this?”

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