Una Corte divisa sull’incerta portata della Citizenship Clause federale

Abstract

This article analyses Trump v. Barbara (2026), in which the U.S. Supreme Court, by 6–3, invalidated Executive Order 14160 restricting birthright citizenship for children of unlawfully present or temporary immigrants. It examines the divergent opinions of Chief Justice Roberts, Justices Jackson, Kavanaugh, Thomas, Alito and Gorsuch, focusing on the contested meaning of "subject to the jurisdiction thereof" in the Fourteenth Amendment. The author argues that no opinion is fully persuasive and that the ruling offers no lasting certainty, as two executive orders of August 2026 show.

Keywords: Birthright citizenship; Citizenship Clause; Fourteenth Amendment; Supreme Court; Executive Order 14160