Trump officials cite white supremacists in bid to end birthright citizenship
Molly Jong-Fast @MollyJongFast
Alexander Porter Morse, a Confederate officer during the Civil War and a Louisiana attorney, argued for legalized segregation in the landmark 1896 Supreme Court case that established the separate but equal doctrine and buttressed Jim Crow laws.
He is again playing a key role in a monumental case to be argued before the justices Wednesday: The Trump administration has tapped Morse as an authority in its push to upend long-settled law that virtually everyone born in the United States is a citizen.
Over a century ago, Morse was among a trio of thinkers who spearheaded a failed effort steeped in anti-Black and anti-Chinese racism to erase birthright citizenship. The Trump administration is reviving their arguments to make its case today, some legal scholars say.
___The Trump administration argues the 14th Amendment does not apply to people in the country illegally or on temporary visas. If the high court agrees, and reverses the long-held interpretation, it could render hundreds of thousands of children born to immigrant parents stateless.
The 14th Amendment was ratified after the Civil War to ensure that the formerly enslaved and their children could become citizens. The amendment overturned the Supreme Courts infamous Dred Scott decision that denied citizenship to Black people.
Trump administration attorneys cite Morse in their Supreme Court brief to argue the disputed idea that commentators in the 19th century widely agreed that the Constitution exclude[s] the children of foreigners transiently within the United States from qualifying for citizenship.
In addition to opposing birthright citizenship, Morse also advocated for limiting the other reconstruction amendments that abolished slavery and guaranteed Black people the right to vote.
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https://www.washingtonpost.com/politics/2026/03/30/trump-birthright-citizenship-supreme-court-case/