Four justices face impeachment calls over birthright ruling

After the Supreme Court upheld birthright citizenship in Trump v. Barbara, law professor Larry Woods argues four justices — Samuel Alito, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh — should be impeached for rejecting the 14th Amendment's plain text. Meanwhile, the united states congress faces pressure from Donald Trump and Speaker Mike Johnson to limit birthright citizenship by law.

Key Takeaways

• The Supreme Court ruled 5-4 on June 30, 2026, that Trump's executive order limiting birthright citizenship violates the 14th Amendment.
• Larry Woods contends the four dissenting justices invented a parental domicile requirement not found in the Constitution.
• Speaker Mike Johnson pledged House Republicans will pursue a legislative fix, though prospects before the midterms are very low.
• Only four justices would likely uphold congressional limits; a Fox News poll found 69% of Americans support birthright citizenship.

Why Are Four Justices Facing Impeachment Calls?

In a July 6 Tennessee Lookout commentary, Larry Woods — who has taught constitutional law at Tennessee State University for 40 years — argues that Justices Alito, Thomas, Gorsuch, and Kavanaugh lack the integrity required to remain on the bench. Woods notes that Kavanaugh joined the 6-3 majority striking down Trump's order but wrote separately that the majority was wrong about the 14th Amendment's meaning.

Woods contends the dissenters' entire argument rests on a parental domicile requirement — that parents must have a fixed, permanent location and intent to remain — that appears nowhere in the Citizenship Clause. He calls this a flagrant political reading that contradicts the originalism these justices have long championed, and urges Congress to vote on impeachment.

Can the United States Congress End Birthright Citizenship by Law?

Trump demanded on Truth Social that Congress start immediately, writing that no constitutional amendment is necessary. On Fox News Sunday, Speaker Mike Johnson said Republicans are examining all angles and would advance any legislative fix immediately, while acknowledging an amendment would take more time.

Justice Kavanaugh suggested Congress could enact legislation establishing exceptions for children born to foreign citizens unlawfully or temporarily in the country. The Detroit News reports that the Birthright Citizenship Act of 2025, introduced by Rep. Brian Babin and Sen. Lindsey Graham, stalled in committee and would need Democratic Senate support that is unlikely to materialize.

With slim Republican margins, a midterm calendar leaving barely a month of session days, and GOP infighting stalling basic legislating, congressional action remains a long shot. Rep. Chip Roy has even threatened to withhold government funding over the court's ruling. For more on how technology is reshaping civic debate, see our Future Tech & AI Wonders coverage.

How Popular Is Trump's Push to Limit Birthright Citizenship?

The New Republic notes that Johnson and JD Vance are reframing radical change as a modest fix to birthright tourism, even though government data cited in court briefs put such births at far less than 1 percent of U.S. births. A recent Supreme Court ruling in Trump v. Barbara found only five justices believe birthright citizenship is a constitutional guarantee — meaning opponents need just one more vote to uphold future congressional restrictions.

Yet a Fox News poll found 69 percent of Americans think children born to an undocumented parent should automatically become U.S. citizens, including 57 percent of white evangelicals. Woods warns that under the dissenters' domicile theory, even descendants of Civil War-era citizens restored by Congress could face citizenship challenges without proof of ancestral intent to remain.