“The president was never going to win, in the sense that his executive order was going to be overturned,” said Mark Krikorian, the director of the Center for Immigration Studies, a think tank favoring restrictive immigration policies. “The question was if the Supreme Court would accept the ACLU’s interpretation of the 14th Amendment.”

The ruling “constitutionalized the question” of birthright citizenship, he said, requiring changes through a constitutional amendment.

That, he argued, is highly unlikely: “Congress can’t rename post offices, let alone do anything else.”

But, he said, birthright could now become a powerful political wedge issue, similar to the court’s 1973 abortion ruling, which was overturned in 2022.

“It’ll distort our politics the way Roe vs. Wade did in energizing a political movement,” he said.