Tags
14th Amendment, as useless as tits on a bull, Birthright citizenship, Brett Kavanaugh, Clarence Thomas, Fascist pigs, Joseph Alito, Neil Gorsuch, right wingnuts, U.S. Supreme Court
This morning, DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL., PETITIONERS v. BARBARA, ET AL. (2026):
[….]
JUSTICE ALITO, dissenting.
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. As interpreted by the Court today, the Fourteenth Amendment confers citizenship on virtually everyone who happens to be born in this country, including the children of “birth tourists,” women who come here solely for the purpose of giving birth to a child and then promptly return home. 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.
[….]
Clarence Thomas (r) vomits 91 pages:
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JUSTICE THOMAS, with whom JUSTICE GORSUCH joins, dissenting.
This Court’s decision in Dred Scott v. Sandford, 19 How. 393 (1857), would have permanently denied citizenship to blacks as “a subordinate and inferior class.” Id., at 404–405. After the Civil War, the Reconstruction Congress overruled Dred Scott, first with the Civil Rights Act of 1866, then with the Citizenship Clause of the Fourteenth Amendment. 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.
[….]
Meanwhile, the Court has repurposed the Fourteenth Amendment to protect its own set of preferred rights that the Reconstruction Congress never contemplated and that cannot find support in its text. Today, the Court does so again by recognizing a constitutional right to citizenship for the children of all foreign birth tourists and illegal aliens.
[….]
“Birth tourists”? Is that like “Einstein Visas”? Just asking. Or maybe ask Melania?
“No Human Being is Illegal”
Just throwing shit against the wall:
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JUSTICE KAVANAUGH, concurring in the judgment and dissenting in part.
Executive Order No. 14160 establishes new exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. 90 Fed. Reg. 8449 (2025). The Court today holds that the Order violates the Fourteenth Amendment to the Constitution. I respectfully
disagree with the Court’s constitutional holding. In my view, the Executive Order does not violate the Fourteenth Amendment. But the Order does contravene a federal statute, 8 U. S. C. §1401(a). Congress could—consistent with the Fourteenth Amendment—amend §1401(a) or otherwise enact new legislation establishing exceptions to birthright citizenship for children born to foreign citizens unlawfully or temporarily in the country. But Congress has not yet done so.[….]
Hey, Squee wants to know where the post-term party is!
The reviews are in:
jesse @jesseltaylor.bsky.social
my god, birthright citizenship was 6-3, with alito, gorsuch, and thomas dissenting, and kavanaugh dissenting as to whether the 14th amendment provides birthright citizenship
the plain language of the 14th amendment survives by one vote
Stephen Nuñez @socio-steve.bsky.social
Resolved: “the Constitution includes the words that are unambiguously written in the 14th amendment, which is part of the Constitution”
5-4
Mark Joseph Stern @mjsdc.bsky.social
Donald Trump came one vote away from getting the Supreme Court to say that the 14th Amendment does not guarantee birthright citizenship for the children of undocumented and temporary immigrants, a view held only by fringe far-right nativists until VERY recently. This is shocking. I am stunned.
ElieNYC @elienyc.bsky.social
With this ruling, the birthright issue is not going away. The right hasn’t really begun *organizing* around getting rid of the citizenship clause. Like Roe, this will be their fight for a generation. And if the Democrats just say “we won” and ignore it, like Roe, the Republicans will eventually win.
Moira Donegan @moiradonegan.bsky.social
Among other things, a 5-4 ruling on birthright citizenship is an invitation to try again.
Hey, Joseph Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas, Brett Kavanaugh:
“Resolved: “the Constitution includes the words that are unambiguously written in the 14th amendment, which is part of the Constitution’
5-4”
Law
Editor’s note: NPR retracts Justice Samuel Alito story
June 30, 2026 10:51 AM ET
By NPR StaffEditor’s note: Earlier today, we erroneously published a story saying that Supreme Court Justice Samuel Alito was retiring. Neither Alito nor the court’s public information office has announced his retirement, and we have retracted the story.
So, it’s a wash.