Supreme Court lambasted over ‘destructive’ and ‘outrageous’ birthright citizenship decision
The Supreme Court’s 6-3 decision upholding birthright citizenship as the law of the land enraged critics, who warned it will open the floodgates for third-world and pro-Communist “birth tourism” at a time when immigration enforcement is cracking down on illegal entry.
Justices Brett Kavanaugh and Amy Coney Barrett joined Chief Justice John Roberts Jr. and the court’s three liberals in the 6-3 majority in Trump v. Barbara, while the court’s three remaining conservatives dissented.
The case, brought by an immigrant in New Hampshire under the pseudonym Barbara for her own protection from retaliation, challenged President Donald Trump’s executive order that sought to exempt birthright citizenship from the Fourteenth Amendment, which was crafted to ensure formerly enslaved people obtained American citizenship.
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White House advisor Stephen Miller called the ruling “one of the most destructive and outrageous decisions in the long history of the Supreme Court.”
“American citizenship is not the birthright of the world. It belongs only and solely to Americans. No provision of the Constitution can be read to require our national self-obliteration,” he said.
“The constant diluting of our citizenship. Everyone can vote. Everyone’s a citizen. Everyone gets Medicaid. Everyone qualifies for food stamps,” said Daniel Turner, president of the pro-domestic energy group Power the Future.
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“You’re American. So is the Mexican who arrived 11 minutes ago or the Chinese spy who paid for birth tourism: Because ‘equity’.”
Turner’s take echoed a common refrain among those long concerned that such a ruling would result in an influx of illegal immigrants having babies on American soil before returning to their home countries, allowing their children to vote in U.S. elections once they turn 18.
Sen. Eric Schmitt, R-Mo., wasted no time proposing legislation to address the ruling after Kavanaugh wrote in his concurring opinion that Trump’s order didn’t violate the Constitution but did violate a federal law crafted in the spirit of the Fourteenth Amendment.
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“The Supreme Court’s birthright citizenship decision is wrong, dangerous, and disastrous for American sovereignty and the American people,” Schmitt said in a statement.
“If we can’t fix it with ordinary legislation, then we must do what the Constitution commands in moments of national crisis: We must amend the Constitution and restore American citizenship.”
“We must again put ‘We the People’ first. The Supreme Court’s decision constitutionalizing unlimited birthright citizenship for the children of illegal aliens and temporarily present aliens is wrong—and disastrous for our sovereignty and the future of our republic.”
Schmitt said America is already reaping the fruits of birthright citizenship in light of “foreign communists essentially taking over New York City politics.”
Mayor Zohran Mamdani, for one, was born in Uganda, moved to New York with his family as a child and later became a naturalized U.S. citizen.
Schmitt said his constitutional amendment — which would be the first in nearly 40 years if ratified — would fix the loophole the court created.
“Today is a sad day in the history of our republic,” he said.
Rep. Clay Fuller, R-Ga., who recently succeeded former Rep. Marjorie Taylor Greene, said on X that the Supreme Court put the future of illegal immigrants over real American children.
“We cannot continue to support this invasion taking place. Congress must act before it’s too late,” he said, adding that he is introducing HR 172 – a Constitutional amendment likely to correspond with Schmitt’s Senate version.
Former law professor John Eastman, who previously advised Trump on election law matters, said Justices Clarence Thomas, Samuel Alito and Neil Gorsuch’s dissents were “strong, and in my view, correct.”
Meanwhile, Turning Point USA spokesman Andrew Kolvet tweeted that a willingness to overturn the case is the “new litmus test for every new Supreme Court justice.”
“The Court has utterly and completely failed America. The dissent of Justice Thomas will prove prescient: ‘I’m not sure that today’s decision will stand the test of time.'”
In the run-up to the decision, Florida Gov. Ron DeSantis correctly predicted on X that Thomas and Alito would be featured dissenting against a “bad ruling.”
When informed of the ruling during a news conference on Capitol Hill, House Speaker Mike Johnson audibly grumbled before stating that the majority justices put forth what one “could say [is] a textualist originalist view.”
“However, I do think that this has been grossly abused in recent years.”
Heritage Foundation President Kevin Roberts agreed, adding in a statement that the ruling is a “tremendous betrayal of the Republic.”
“The Justices in the majority have inflamed the all-out assault on our sovereignty and cheapened the sacred value of American citizenship. Universal birthright citizenship erases any uniquely American birthright—a distortion that was never the meaning or intention of the 14th Amendment. It is time for a constitutional amendment to correct this gross injustice.”
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The ruling did have its celebrants, including Rep. Jasmine Crockett, D-Texas, and Sen. Alex Padilla, D-Calif.
Padilla said in a statement that the Constitution “could not be clearer” that if someone is born in the U.S. they are a citizen — “period.”
“While there is nothing surprising about Donald Trump’s efforts to erode birthright citizenship and disregard laws he doesn’t like, today’s decision reaffirms over a century of legal precedent protecting this fundamental constitutional right,” Padilla said.
The senator added that the ruling is personal for him as the son of Mexican immigrants.
New York Gov. Kathy Hochul concurred, saying in a statement that as the granddaughter of Irish immigrants, she was “heartened” by the court.
“The Statue of Liberty stands proudly in our harbor, and New York will always stand with those seeking the promise of America,” Hochul said.
Schmitt and Fuller’s amendment would require approval by two-thirds of both the House and Senate, or by a constitutional convention called by two-thirds of the states. The convention method has never been used to ratify any of the Constitution’s 27 amendments.
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