Birthright citizenship fight continues after Trump's new executive orders; conservative movement plans long-term project

After the Supreme Court's 6-3 ruling in Trump v. Barbara upholding birthright citizenship, President Trump signed two narrower executive orders targeting 'birth tourism', diplomatic families, and parents linked to terrorist organizations. Kavanaugh's concurrence invited further attacks by suggesting constitutional exceptions, and the new orders exploit that language, especially expanding the 'invading army' exception to FTO members. Two new lawsuits have been filed challenging the August 6 orders, and the ACLU has moved to block the second EO, seeking a declaratory order to stop the cycle of EO-specific injunctions. Separately, the conservative movement has met to make birthright citizenship a multi-decade project akin to Roe v. Wade, with judicial litmus tests and academic seeding. The practical impact of the original ruling includes $104B in tariff refunds and termination of TPS for up to 350K Haitians. A new counterfactual analysis highlights the near-4-1-4 split and Marks rule implications. The Fifth Circuit also ruled that Congress controls citizenship by descent, reinforcing legislative authority.