I’m really not that surprised
SCOTUS Affirms Birthright Citizenship, Rejects Trump’s Executive Order
The U.S. Supreme Court voted 5-4 on Tuesday to reject President Donald Trump’s reform of the nation’s birthright citizenship policy, which now grants the huge prize of citizenship to nearly all infants born in the United States, even if the parents are illegal migrants or temporary visitors.
The long 194-page Trump v. Barbara decision says Trump’s order violates the 14th Amendment of the Constitution.
The was 6 to 3 against Trump, but Justice Brett Kavanaugh argued that Trump and other politicians can change the rule via legislation.
“Citizenship, then and now,” Chief Justice John Roberts wrote for the majority, “was the right to have rights — to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land.’ We keep that promise today.”
Roberts and Barrett were, of course, the ones who hosed this, but, I also had concerns that the Court would essentially say that the Executive Branch cannot make it happen with an EO. We can argue the validity of the phrase about being subject to the jurisdiction, and how the people who wrote the 14th said it didn’t apply to foreigners having kids here, but, it is what it is. It really is up to the Legislative Branch to codify who is subject to the jurisdiction thereof, something they really weren’t concerned with back when the 14th was passed. They thought there would be common sense. That said, members of foreign governments are blocked form their kids born on US soil getting US citizenship. That said, the chances of Congress being able to pass something are somewhere between zero and none.
Republican U.S. Senators Tom Cotton of Arkansas and Rand Paul of Kentucky are blasting the U.S. Supreme Court’s decision affirming birthright citizenship, and both are calling for a Constitutional amendment to end the practice.
However, passing such an amendment requires the approval of two-thirds majorities in the House and Senate. That margin is almost impossible because nearly all Democrats and many GOP business-minded politicians support mass migration into Americans’ politics and economy.
Sen. Cotton averred that “Birthright citizenship was never intended to benefit illegal immigrants,” and urged Congress to pass his “Constitutional Citizenship Act to ensure only the children of those here lawfully are granted citizenship.”
Cotton’s legislation would make children of illegal immigrants, terrorists, and foreign spies ineligible for birthright citizenship.
Well, that won’t happen, either. Perhaps if two thirds of state legislatures forced it, but, that has never happened as of yet.
Does this mean that the international treaties we have in place for foreign diplomats’ children born in the USA are no longer valid and need to be renegotiated? Or should we send all of them American passports?
The Fourteenth Amendment also states that Congress has the authority to enforce the provisions of the Amendment through appropriate legislation, so there remains an alternative.
Part of the problem with the executive order is that those not granted citizenship due to not being under the jurisdiction of the United States would not be under our jurisdiction for anything: we couldn’t charge them with any crimes they commit.
Amendment 14 (1866)
Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
______________
Is Mr Dana saying Congress can make legislation that is unConstitutional?
If our Supreme Court has ruled that children born in the United States and under the jurisdiction of U.S. law are citizens, can Congress overturn this without amending the Constitution?
United States v. Wong Kim Ark (1898): The Court ruled 6-2 that the 14th Amendment’s Citizenship Clause guarantees U.S. citizenship to almost anyone born on American soil, even if their parents are foreign nationals.
Trump v. Barbara (2026): In a 6-3 decision, the Court struck down an executive order that attempted to deny automatic citizenship to children born on U.S. soil to parents without legal status or on temporary visas. The Court reaffirmed that the 14th Amendment’s protection extends to anyone born within the jurisdiction of the United States.
Rimjob with another copy&paste.
The toddler is seeking attention again.
About 25% of all live births in USA are born to mothers born outside of USA.
The white birth rate is now far below replacement levels and dropping fast
We need immigrants. The population is aging and needs young workers. Don’t deport them
Immigrants built America and made my country great
Sorry, Johnny. We have plenty of American citizens to do the job
Jill,
Then why today do employers keep illegally hiring immigrants?
How many employers have been locked up for illegally hiring unauthorized workers?
No jobs, no unauthorized workers, right?
Rimjob and his rhetorical questions.
“Supreme Court rules any baby born at Olive Garden is an Italian citizen…”
BB
But Fat Donny DID lose his birthright citizenship case 6-3, didn’t he? That it wasn’t at least 8-1 is remarkable given the language of our Constitution.
Remember when conservatives were “originalists” or “textualists”? Good times. LOL.
Today, the MAGA justices adjust their positions to whatever Donny wants. MAGAty justices are Kavanaugh, Alito and Thomas.
Fourteenth Amendment
Section 1
All persons 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.