On December 5, the U.S. Supreme Court said it would hear the two birthright citizenship cases that President Trump had lost in the lower courts. The two cases, which are now combined, are Trump v Barbara, and Trump v State of Washington. One is from the First Circuit and originated in New Hampshire; the other is from the Ninth Circuit. The combined case is 25-365.

Here is the government’s cert petition. It argued that the 14th amendment’s definition of citizen was never intended to cover children born in the U.S. if their parents weren’t in the U.S. legally.

The practical problem with the government’s position is that it creates ambiguity. Currently a birth certificate showing birthplace in the U.S. is accepted as proof of citizenship. But under President Trump’s order, which was issued January 20, 2025, one can’t prove citizenship with a birth certificate. Instead one must produce evidence about one’s parents and their legal status. Some individuals don’t even know who their birth parents are.

Late on December 4, the U.S. Supreme Court let Texas use its new U.S. House district maps. The vote was 6-3. See the order here.

On December 3, Arkansas appealed the decision in League of Women Voters v Jester to the Eighth Circuit. The case number in the Eighth Circuit is 25-3389. This is the case in which the U.S. District Court enjoined many new Arkansas laws that make it more difficult for initiatives to get on the ballot.

Arkansas also asked the U.S. District Court Judge to stay his own opinion.