Megyn Kelly expressed criticism regarding the Supreme Court's recent ruling on birthright citizenship, which rejected former President Donald Trump's efforts to limit citizenship for children born on U.S. soil. The court voted 6-3, with Chief Justice John Roberts writing the majority opinion, supported by liberal justices and two Trump appointees, Amy Coney Barrett and Brett Kavanaugh. Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito dissented.
Kelly stated on X that the 14th Amendment was not intended to allow non-citizens to confer citizenship on their children by giving birth in the U.S. She also shared posts from Fox News reporter Bill Melugin, who claimed to have seen women in late-term pregnancies crossing the border illegally, possibly to ensure U.S. citizenship for their children. Additionally, Kelly endorsed a proposal by former federal prosecutor William Shipley to terminate a woman's visa if she becomes pregnant and require medical providers to report positive pregnancy tests.
Utah Senator Mike Lee suggested a constitutional amendment to support Trump's position, but Kelly expressed skepticism about its feasibility. Trump's executive order argued that U.S. citizenship should not automatically extend to those born in the country. However, the Supreme Court maintained that children born in the U.S. to parents who are unlawfully present are citizens at birth, as stated in the 14th Amendment. Roberts emphasized the importance of citizenship as a right to participate in the political community, affirming the promise made by the Framers of the Amendment.
Kelly had previously criticized Roberts and Barrett for their decisions in other rulings, expressing frustration over their alignment with liberal justices.