The US Supreme Court on Tuesday struck down President Trump’s executive order on birthright citizenship in a 5-4 decision.
Chief Justice Roberts wrote the majority opinion.
“Children born in the United States to parents unlawfully or temporarily present are “subject to the jurisdiction” of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause,” Roberts wrote.
Roberts was joined by Amy Coney Barrett, Kagan, Sotomayor and Jackson.
Conservative Supreme Court Justices Alito and Clarence Thomas fumed over the birthright citizenship ruling in blistering dissents.
“The Court today takes the extraordinary step of holding facially unconstitutional the President’s Order excluding from citizenship the children of foreign temporary visitors and illegal aliens,” Thomas wrote.
“Both the Civil Rights Act and the Citizenship Clause guaranteed citizenship to persons born and domiciled in the United States regardless of their race. Neither guaranteed citizenship to persons who were not domiciled in the United States,” Thomas said.
“Blacks were entitled to citizenship because they were Americans. They had no other homeland, owed no allegiance to any foreign power, and were subject to no other authority. They “fought and bled in the same battles,” “gained and gloried in the same victories,” and were “liable to be called upon to defend [America] in time of war” alongside every other citizen,” Justice Thomas added.
Justice Thomas rightfully said that the reconstruction amendments after the Civil War – specifically the 14th Amendment — were to ensure that the children of black slaves would be given citizenship.
“In doing so, the Court adds to the sad history of the Fourteenth Amendment, which was designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support,” Thomas added.
Justice Alito called the ruling a “serious mistake” in a sole, blistering dissent.
“This is one of the most important decisions in the history of the Court, and in my judgment, the Court has made a serious mistake,” Alito wrote.
“Careful analysis of the text of the Fourteenth Amendment and the process that led to its adoption, shows that it does not degrade the concept of United States citizenship in this way. Instead, the Fourteenth Amendment confers citizenship on only those children who, at birth, owe allegiance solely to this country,” he said.
“United States citizenship is precious. Anyone who has attended a ceremony where citizens are naturalized can see that message on the faces of those who take the citizenship oath. Before saddling the Nation with a medieval rule, we had better be certain the Constitution requires it,” Alito added.
President Trump responded to the Supreme Court’s birthright citizenship ruling and called on Congress to immediately act.
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