The Philadelphia Bar Association today welcomed the United States Supreme Court's decision reaffirming the constitutional guarantee of birthright citizenship under the Fourteenth Amendment, calling it an important victory for the rule of law while emphasizing that the Court's narrow decision serves as a reminder that even our most fundamental constitutional rights require constant vigilance.
Shortly after the Executive Order seeking to end birthright citizenship was issued, the Philadelphia Bar Association's Board of Governors adopted a resolution opposing any effort to limit or redefine this longstanding constitutional protection. The Association concluded that birthright citizenship is not a matter of political preference, but a settled constitutional principle that has remained a cornerstone of American constitutional law at least since the ratification of the Fourteenth Amendment in 1868 and has been consistently recognized by the Supreme Court.
Philadelphia Bar Association Chancellor Ezra Wohlgelernter issued the following statement:
"The Philadelphia Bar Association welcomes today's Supreme Court decision reaffirming the constitutional guarantee of birthright citizenship under the Fourteenth Amendment. The Court has preserved one of the foundational principles of our Constitution and reaffirmed a right that has defined our nation for more than 150 years.
"This decision brings welcome relief to millions of individuals and families who faced profound uncertainty. Our Association was proud to oppose efforts to dismantle birthright citizenship because the Citizenship Clause is not an unsettled question of policy – it is a settled constitutional guarantee that has been recognized by the Supreme Court for well over 125 years and has become deeply embedded in our nation's constitutional tradition.
"But today should also remind us that relief must never become rest.
"It is both remarkable and sobering that a constitutional right reaffirmed by generations of courts and accepted as settled law for more than a century, required a closely divided decision to preserve it. That reality should give every lawyer pause. No constitutional right, however longstanding, should ever be presumed immune from challenge.
"The lesson of today's decision extends beyond birthright citizenship. Constitutional guarantees endure only when they are protected by an independent judiciary, respected by the political branches, and defended by lawyers who remain steadfast in their commitment to the rule of law.
"Birthright citizenship reflects not only the text of the Fourteenth Amendment but one of America's defining promises – that citizenship does not depend upon ancestry, race, wealth, or political favor, but upon the Constitution itself. It also reflects our nation's history as a country strengthened by generations of immigrants who came here seeking liberty, opportunity, and a better future for their children.
"At the same time, we cannot measure the health of the rule of law by a single favorable decision. Other decisions this Term have raised serious concerns about longstanding constitutional and statutory protections. Our profession's responsibility does not begin or end with one case. It is a continuing obligation to defend judicial independence, constitutional governance, and equal justice under law.
"Today's decision is cause for gratitude. But it is also a call to vigilance. As lawyers, we have a special responsibility to ensure that constitutional rights remain meaningful not only today, but for generations to come. The Philadelphia Bar Association will continue to speak whenever the Constitution, the independence of our courts, or the rule of law is threatened.
"The Constitution has endured because each generation of lawyers has accepted the responsibility to defend it. Today brings relief. Tomorrow demands renewed vigilance. We celebrate this decision – but we will not rest.”
