Supreme Court Upholds Birthright Citizenship Amidst Concerns
Emily Bazelon: Hi, David. You are generally more optimistic due to your conservative views, so I expect you’ll respond positively to the Supreme Court’s latest decisions. I’m feeling relief because birthright citizenship remains protected, and the Federal Reserve’s independence is preserved. But a sense of unease persists.
The court’s decision regarding birthright citizenship, specifically in the case of Trump v. Barbara, is mainly positive. Chief Justice John Roberts penned a strong majority opinion maintaining that the history of the 14th Amendment grants citizenship to nearly everyone born in the United States, regardless of their parents’ legal status. There are limited exceptions, such as children of diplomats or hostile invading forces.
This decision counters President Trump’s executive order that suggested birthright citizenship could be restricted. It’s reassuring that this baseless idea has been dismissed, allowing the country to continue embracing birthright citizenship.
David French: Hi, Emily. While I’m relieved by the decision, my concern is that the five-to-four ruling could lead to political polarization similar to the Roe v. Wade case. It’s conceivable that the MAGA movement might push for judges who align with Justice Clarence Thomas’s dissent.
Emily: That prospect is frightening. Birthright citizenship has immensely benefited the U.S., fostering immigrant integration. Being born here makes you an American, which propels social mobility. Compared to other nations, this principle prevents isolated guest worker communities.
The majority upheld this promise, as Roberts termed it. However, it’s surprising that only five justices backed this viewpoint—Roberts, Justice Amy Coney Barrett, and the three liberals. Justice Brett Kavanaugh agreed based on a federal law from 1940, which Congress could change. I expected unanimous agreement or a seven-to-two split, with Thomas and Samuel Alito dissenting. The majority’s textual and historical arguments are robust, while opposing evidence is weak. It seemed likely that Justice Neil Gorsuch and Kavanaugh would favor this majority view.
The division among the justices might fuel MAGA resentment toward people coming to the U.S. to give birth, as Alito criticized the ruling. Does this decision further inflame those sentiments?