In a positive outcome for Washington hospitals and the communities they serve, the U.S. Supreme Court’s decision in Trump v. Barbara last week reaffirmed the constitutional right to birthright citizenship. For hospitals, the ruling helps ensure that newborns and families can continue to access care without a new layer of legal uncertainty at the start of life.

The Court invalidated the Trump administration’s birthright citizenship executive order and held that children born in the U.S. to parents who are unlawfully or temporarily present are citizens at birth under the Fourteenth Amendment.

Last year WSHA, with pro bono legal support from Pacifica Law Group, led the effort in filing an amicus brief in the Ninth Circuit in Washington v. Trump, a related case supporting Washington state’s challenge to the executive order. The Washington State Medical Association joined the brief as well. The Supreme Court’s decision in Trump v. Barbara ultimately reached the same core issue and produced the outcome WSHA and WSMA sought as amici. 

In our amicus brief, WSHA explained that abolishing birthright citizenship would have serious consequences for the health care system. Denying citizenship to babies born in U.S. hospitals would create new barriers to health coverage and preventive care, increase uncompensated care, shift costs to states and providers, and add administrative burdens for hospitals and clinicians. Our brief also emphasized the particular risks for babies, children, and pregnant patients when families are discouraged from seeking timely care.

Sincerely,

Cara Helmer
WSHA Policy Director, Legal Affairs
[email protected]