City Research Online

Abstract

The Trump administration’s attempt to reinterpret the scope of the Fourteenth Amendment’s birth citizenship clause by the issue of an executive order - Protecting the Meaning and Value of American Citizenship - has thus far been consistently regarded as unconstitutional in federal district courts. The matter has now reached a Circuit Court of Appeals, which has also concluded that the order is incompatible with the Fourteenth Amendment. This paper evaluates the Circuit Court of Appeal’s judgment, and questions if the substantive matter is quite so clear cut as the lower courts and the Circuit Court have assumed.

Publication Type:	Article
Additional Information:	This is a pre-copyedited, author-produced version of an article accepted for publication in European Human Rights Law Review following peer review. The definitive published version Loveland, I. (2026). Trump’s citizenship Order reaches the Circuit Court of Appeals. European Human Rights Law Review is available online on Westlaw UK (https://legalsolutions.thomsonreuters.co.uk/en/products-services/westlaw-uk.html).
Publisher Keywords:	Citizenship by birth in the United States; Fourteenth Amendment; Birthright citizenship Order
Subjects:	J Political Science > JA Political science (General) K Law > K Law (General)
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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