Why the Birthright Citizenship Ruling is a Five-Alarm Fire
The Supreme Court just upheld birthright citizenship. Good. But let’s be clear: The fact that this decision was even this close is a five-alarm fire for constitutional democracy.
The Supreme Court has upheld birthright citizenship.
While this is good news, you won’t hear us thanking them.
Don’t get us wrong, we’re relieved that America’s very basic rule of automatically becoming a citizen of the country you’re born in hasn’t been stripped away. But the fact that it was ever in doubt, and that the Court was unable to muster a unanimous decision upholding the literal text of the Constitution should give anyone who values our Republic and our (supposedly) inalienable rights no comfort.
The Court ruled 5-4 to strike down Trump’s claim that birthright citizenship is not guaranteed in the constitution. Put that into perspective. 4 Justices believed that the text of the 14th Amendment, which reads that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States” doesn’t mean what it obviously says. Only 5 Justices – the slimmest majority – unequivocally disagreed.
In effect, birthright citizenship was but one shift in logic and one vote away from being struck down. One. On a case that should’ve been 9-0.
To say our rights are hanging by a thread is not so much an understatement as an exercise in optimism.
This decision also does nothing to take away from the very real ways in which the Court has continued its decades-long assault on voting rights, reproductive freedom, public safety, regulatory independence, and the near-unlimited power of billionaires to buy our elections.
To put this into context, here is a brief (but wholly insufficient) summary of the Court’s most recent surrender where they ruled to:
Allow Trump to fire heads of independent agencies charged with regulating federal elections, bust monopolies, and most importantly, prevent Trump’s power grabs.
Upend immigration law, paving the way for MAGA to stop asylum seekers fleeing persecution, imprisonment, and death from entering the United States.
Green-light Trump’s moves to end Temporary Protected Status (TPS) for refugees from Haiti and Syria (and Venezuela, and Afghanistan, and soon possibly Ukraine, Nicaragua, and so many more).
Bar trans athletes from competing in sports.
Obliterate limits on coordination between political parties and campaigns, giving billionaires free reign to not just influence but dominate our elections.
These decisions don’t exist in isolation, but also follow the Court’s rulings that:
Gutted the Voting Rights Act, where Republicans (at Trump’s demand) have redrawn their maps to decimate Black and Brown representation in Congress.
Castrated lower courts’ abilities to stop Trump’s anti-democratic and anti-American agenda.
Overturned Roe v. Wade, the first removal of a Constitutional right in our living memory.
Gave Trump immunity for the many crimes he’s committed, and will commit, as president.
Make no mistake, the Supreme Court has backed Trump at every step, and they are hellbent on undermining your rights and freedoms whenever Trump and his MAGA lackeys demand it. Today’s ruling doesn’t change that.
The Supreme Court majority is rotten to its core with Justices who twist the law into pretzels to give Trump whatever he wants. The Court is only as strong as its members, and this lot are the weakest we’ve ever seen.
Clarence Thomas is 78.
Samuel Alito is 76.
John Roberts is 71.
If neither Justices Alito or Thomas retire this year, the next Congress, and certainly the next President, may very well consider 3 Supreme Court nominations in the next 5 years.
Democrats have a once-in-a-lifetime opportunity to make a generational change on the Supreme Court and turn back the MAGA tide in 2026 and 2028.
The point?
Vote like your rights and freedom depend on it, because they quite literally do.