On June 30, 2026, the Supreme Court held in Trump v. Barbara (No. 25-365) that children born in the United States to parents who are unlawfully or temporarily present are citizens at birth under the Citizenship Clause of the Fourteenth Amendment. Chief Justice Roberts authored the majority opinion, joined by Justices Sotomayor, Kagan, Jackson, and Barrett. Justice Jackson filed a separate concurrence, joined in part by Justice Sotomayor. Justice Kavanaugh concurred in the judgment and dissented in part. Justice Thomas filed a dissent, joined by Justices Alito and Gorsuch. In other words, the Court decided the case by both a 6-3 and a 5-4 margin, depending on the specific legal grounds: 5-4 on the core constitutional question of whether the 14th Amendment’s Citizenship Clause guarantees birthright citizenship to children of non-citizens; 6-3 on whether the executive order violated federal (statutory) law, with Justice Kavanaugh joining the constitutional majority to invalidate the President’s policy on statutory grounds.

As signaled in Dykema’s March 2026 edition, Montgomery v. Caribe Transport, II (No. 24-1238) arises from a highway accident in which Petitioner Montgomery was struck by a vehicle operated by an employee of Respondent Caribe Transport II, LLC, which had been selected by C.H. Robinson Worldwide, Inc., a freight broker that arranged the shipment. The case asked the Supreme Court to determine whether the Federal Aviation Administration Authorization Act (FAAAA) preempts common law negligent selection claims against freight brokers.

On May 14, 2026, the Supreme Court held in Jules v. Andre Balazs Properties (No. 25-83) that a federal court that stays a case pending arbitration under § 3 of the Federal Arbitration Act (FAA) retains jurisdiction to confirm or vacate the resulting arbitration award, even if the post-arbitration motions would not independently satisfy federal subject matter jurisdiction. Justice Sotomayor authored the Court’s unanimous opinion. The decision clarifies that a stay under § 3 suspends—rather than terminates—the federal action, allowing the district court to supervise the arbitration through its conclusion.

On May 28, 2026, the Supreme Court unanimously held in Flowers Foods, Inc. v. Brock (No. 24–935) that a worker may qualify for the transportation worker exemption in § 1 of the Federal Arbitration Act (FAA) even if the worker never personally crosses state lines or transports goods across state borders. In the opinion written by Justice Gorsuch, the Court concluded that the relevant inquiry is not whether the worker’s own route is interstate, but whether the worker plays a direct and necessary role in the interstate movement of goods.

In a unanimous judgment, the Supreme Court in Villarreal v. Texas (No. 24-557) affirmed the Texas Court of  Criminal Appeals’ holding that an order prohibiting a criminal defendant and his attorney from discussing the defendant’s testimony during a mid-testimony, overnight recess does not violate the defendant’s Sixth Amendment right to counsel.