The US Supreme Court has struck down an executive order on birthright citizenship in a 5-4 decision, with Chief Justice Roberts writing the majority opinion. The decision, which was joined by justices Amy Coney Barrett, Kagan, Sotomayor, and Jackson, ruled that children born in the United States to parents unlawfully or temporarily present are considered citizens at birth under the Fourteenth Amendment’s Citizenship Clause. This ruling has sparked controversy, with some conservative leaders weighing in on the decision.
Vice President JD Vance has expressed disagreement with Justice Amy Coney Barrett's decision to side with the liberal justices, stating that he believes she made a mistake in the ruling. Vance questioned how someone who is an illegal alien or a person visiting the United States on a vacation could give their entire family access to American citizenship simply by having a baby in the country. He argued that this was not the intention of the framers of the 14th Amendment.
Justice Thomas also disagreed with the majority opinion, stating that the 14th Amendment was not meant to give foreigners with foreign allegiances citizenship. Thomas noted that the reconstruction amendments after the Civil War, specifically the 14th Amendment, were intended to ensure that the children of black slaves would be given citizenship. He emphasized that blacks were entitled to citizenship because they were Americans with no other homeland and were subject to no other authority.
Thomas criticized the Court's decision, saying that it adds to the sad history of the Fourteenth Amendment, which was designed to secure equal rights for freed blacks but has been repurposed for political projects that the Reconstruction Congress did not support. The decision has sparked debate about the interpretation of the 14th Amendment and its application to birthright citizenship. Conservative justices Alito and Thomas have joined Vance in expressing their disagreement with the ruling.
The Supreme Court's decision has significant implications for the country's immigration policies and the concept of birthright citizenship. The 5-4 ruling highlights the deep divisions within the Court and the ongoing debate about the interpretation of the Constitution. As the country continues to grapple with issues related to immigration and citizenship, the Supreme Court's decision is likely to be closely watched and debated by lawmakers, policymakers, and the general public.