{"id":778,"date":"2026-06-30T23:36:53","date_gmt":"2026-06-30T23:36:53","guid":{"rendered":"https:\/\/cityrelocationnews.com\/?p=778"},"modified":"2026-06-30T23:36:53","modified_gmt":"2026-06-30T23:36:53","slug":"the-supreme-court-upheld-birthright-citizenship-but-the-fight-may-not-be-over","status":"publish","type":"post","link":"https:\/\/cityrelocationnews.com\/?p=778","title":{"rendered":"The Supreme Court Upheld Birthright Citizenship\u2014but the Fight May Not Be Over"},"content":{"rendered":"
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\u201cThis is one of the most important decisions in the history of the Court,\u201d Justice Samuel Alito wrote in his dissent in , on the meaning of birthright citizenship, \u201cand in my judgment, the Court has made a serious mistake.\u201d It\u2019s a very good thing that Alito is so disappointed, because he\u2019s right about the case\u2019s importance. For the moment, Donald Trump\u2019s attempt to rewrite the Constitution\u2014which, as the Court recognized on Tuesday, in its final ruling of the year, grants birthright citizenship to almost anyone born in the United States\u2014has failed. Trump had tried to decree, by executive order, that the children of mothers who had no legal status in the U.S., or whose status was legal but temporary, and whose fathers were neither citizens nor permanent legal residents at the time of their birth, would not be citizens. (The order had not yet gone into effect, due to the legal proceedings.) And Trump lost.<\/p>\n

Read more Searching for Survivors After Venezuela\u2019s Historic Earthquakes<\/a><\/p>\n

Barbara\u2014which takes its name from the pseudonym of a mother whose baby might have been affected by Trump\u2019s executive order\u2014is a case worth celebrating. The majority opinion, written by Chief Justice John Roberts, contains soaring language about the commitment that the Fourteenth Amendment makes to babies born in this country. \u201cWe keep that promise today,\u201d the opinion says. But only five Justices out of nine signed on as promise-keepers: Roberts, Amy Coney Barrett, Elena Kagan, Ketanji Brown Jackson, and Sonia Sotomayor. Alito was not alone, and neither, on this issue, is Trump.<\/p>\n

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Alito, Clarence Thomas, and Neil Gorsuch each wrote separate dissents in Barbara, and Gorsuch joined Thomas\u2019s. Brett Kavanaugh wrote a partial concurrence that was also a dissent: he didn\u2019t think that the Fourteenth Amendment\u2019s Citizenship Clause necessarily promised anything to children of \u201cforeign citizens unlawfully or temporarily in the country.\u201d But he accepted that Congress thought<\/em> the amendment did so when it incorporated its language into the Nationality Act of 1940, and into subsequent updates to immigration laws. And so Kavanaugh believes that Trump\u2019s executive order is unlawful\u2014but not unconstitutional. As a result, the decision was 6\u20133 on the illegality of the executive order, but only 5\u20134 on the constitutional question.<\/p>\n

The distinction is important because, according to Kavanaugh\u2019s logic, what Congress gives, it can also take away: it could pass a law stripping citizenship from many American-born babies, even if Trump, acting alone, cannot. Trump responded to the ruling by pretending that Kavanaugh\u2019s view was already the law, writing on Truth Social, \u201cCongress should start TODAY to work on ending expensive and unfair to our Country, Birthright Citizenship. They will have my Complete and Total Support!\u201d He is wrong, but his post is an indication of what was at stake, and of the continuing risk. Had Kavanaugh convinced just one other conservative Justice (either Roberts or Barrett) that narrowly overturning the executive order on those statutory grounds was the best way to resolve the case, the meaning of American citizenship would have been very different today than it was yesterday. The case was much too close.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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The question, after all, had seemed settled. The Fourteenth Amendment, ratified in 1868, holds that \u201cpersons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.\u201d As the Supreme Court affirmed in U.S. v. Wong Kim Ark\u2014a case, decided in 1898, involving a man born in San Francisco to noncitizen immigrants from China\u2014the only exceptions, derived from the phrase \u201csubject to the jurisdiction thereof\u201d involve children of diplomats, of members of occupying armies, or of certain Native American tribes, or those who were born on foreign naval ships. (The status of Native Americans changed with the Indian Citizenship Act of 1924; this case is rife with reminders that achieving justice has been a journey in this country.) The shared understanding of that reading of the Amendment has been so firm that, as one in the case observed, even babies who were born in Second World War internment camps to Japanese American parents who had renounced their own U.S. citizenship and were on the verge of being deported were nonetheless recognized as birthright citizens.<\/p>\n

For Roberts, those exceptions are grounded in \u201cintersovereign concerns\u201d not relevant to the babies who would have been denied citizenship under Trump\u2019s executive order. As the majority opinion in Barbara notes, \u201cWords appearing frequently in the Executive Order\u2014\u2018mother,\u2019 \u2018father,\u2019 \u2018lawful,\u2019 \u2019temporary\u2019\u2014are absent from the Clause. For a simple reason: they did not matter.\u201d The Citizenship Clause is about American babies, and five Justices (or six, if you count Kavanaugh) stood by them.<\/p>\n

Read more The Supreme Court\u2019s Check on Trump\u2019s Power Was Too Close for Comfort<\/a><\/p>\n

At one point in the case\u2019s , in April, D. John Sauer, the Trump Administration\u2019s Solicitor General, railed about how we are in \u201ca new world now,\u201d where \u201ceight billion people are one plane ride away from having a child who\u2019s a U.S. citizen.\u201d Roberts interrupted him: \u201cWell, it\u2019s a new world. It\u2019s the same Constitution.\u201d In his opinion, Roberts\u2019s language about the quality of the arguments on the other side is cutting, referring to a \u201csmorgasbord of formulations\u201d related to the idea of allegiance and to the dissent\u2019s reliance on \u201ca handful of ambiguous floor statements\u201d in the Senate debates over the Fourteenth Amendment. Trump wanted a new Constitution, or at least what Roberts called a \u201cdramatically revisionist view\u201d of the old one. At the same time, Roberts was with the majority that handed Trump wins in two immigration cases last week, allowing him to end Temporary Protected Status for Haitians and Syrians and making it easier to turn back migrants short of the border, even those seeking asylum.<\/p>\n

There is also, again, the disquieting realization that four Justices were willing to change the meaning of birthright citizenship, albeit to different degrees, and for varying reasons. In the case of Alito and Thomas, there is also a striking note of bitterness. Alito is focussed on the ways today\u2019s world is unpleasantly new for him. He worries about \u201cbirth tourists\u201d and suggests that things turned upside down because \u201ca coterie of actors\u2014Executive Branch officials, States and cities, and a variety of private groups\u2014sent the message to would-be immigrants that our immigration laws should not be taken too seriously.\u201d He adds that the consequences of ending birthright citizenship as it now exists need not be \u201cinhumane.\u201d At the same time, he says, there should be no fear of \u201crocking the boat.\u201d<\/p>\n

Thomas devotes much of his ninety-one-page dissent to arguing that the Citizenship Clause was meant to correct the injustice of an earlier decision, Dred Scott, which denied citizenship to Black people who \u201cwere Americans\u201d in a way that, in Thomas\u2019s view, the \u201cchildren of foreign temporary visitors\u201d were not. The Amendment\u2019s Citizenship Clause, he says, was \u201cenacted for people who were born in this country and called it home,\u201d but has been \u201crepurposed for political projects,\u201d hijacked by a Court seeking \u201cto protect its own set of preferred rights.\u201d He doesn\u2019t say exactly what is being taken away from whom, or why the clause can\u2019t encompass more than one group. Ketanji Brown Jackson wrote an opinion directly responding to Thomas, who she said \u201celides the entire point\u201d of the post-Civil War amendments. Jackson says they represented \u201can anticaste, antisubordination reset for the Nation, not a mere spot treatment for the dark stain of slavery.\u201d Both Justices quote Frederick Douglass, but he seems far more at home with Jackson.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Gorsuch, meanwhile, thinks that the children of people with legal but temporary status, which would include those in the country on student and work visas, are not necessarily birthright citizens. But, he adds, \u201cI harbor doubts\u201d about whether birthright citizenship could be denied to the children of long-term residents with no legal status at all. While this position may be surprising (can a baby whose parents are here illegally be in a better position than those here legally?), it is a delicate way of noting one of the major contradictions in the Trump Administration\u2019s case. Sauer had relied heavily on the idea that the parents of a baby had to have a \u201cdomicile\u201d in the United States, as Wong Kim Ark\u2019s parents did. But that notion turned out to be a slippery one; Sauer argued that people without legal status did not have the \u201ccapacity\u201d to establish domicile even if they\u2019d been here for decades, and had no other home. Maybe so, Gorsuch says, but \u201cI wonder\u00a0.\u00a0.\u00a0. If those parents are not domiciled here, then where are they domiciled?\u201d<\/p>\n

As Roberts notes in his opinion, from the beginning, \u201csome wished to change the rule\u201d on which birthright citizenship was based. The push to do away with birthright citizenship predates Trump, although he became its champion in his first campaign for President. Trump v. Barbara is a landmark, in other words, but it marks a new stage in a long fight over who gets to be American, rather than a true resolution of the question. If there was, as Alito contends, a mistake, it was in underestimating the threat that he and his ideological allies posed to our shared concept of citizenship, and to the children whose birthright it is.\u00a0\u2666<\/p>\n

Read more Erling Haaland Plays Like a Viking<\/a><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

The decision that rejected Donald Trump\u2019s attempts to rewrite the Constitution was much too close, writes Amy Davidson Sorkin.<\/p>\n","protected":false},"author":1,"featured_media":777,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-778","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-lede"],"yoast_head":"\nThe Supreme Court Upheld Birthright Citizenship\u2014but the Fight May Not Be Over - City Relocation News<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/cityrelocationnews.com\/?p=778\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Supreme Court Upheld Birthright Citizenship\u2014but the Fight May Not Be Over - 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