Alito Blasts Supreme Court Birthright Citizenship Ruling as ‘Serious Mistake’ With Lasting Consequences
Justice Samuel Alito sharply criticized the Supreme Court’s decision to strike down President Trump’s effort to limit birthright citizenship, calling the ruling one of the court’s most consequential decisions while warning that it will have profound consequences for the nation’s future.
In a 6-3 decision issued Tuesday, the Supreme Court ruled that President Trump’s executive order, signed on the first day of his second term, violated the Citizenship Clause of the Fourteenth Amendment, which grants automatic U.S. citizenship to nearly every child born on American soil regardless of the immigration status of the child’s parents.
The administration had argued that automatic citizenship should apply only to children born to at least one U.S. citizen or lawful permanent resident, saying the Constitution does not require broader eligibility.
Writing in dissent, Alito argued that the majority’s decision could produce what he described as “grotesque results,” warning that it would encourage “birth tourism” and create potential national security concerns.
“If the Fourteenth Amendment required these results, the country would have to live with them or amend the Constitution,” he wrote. “But the Fourteenth Amendment does not include the rule the Court now imposes on the country.
“In my judgment, the Court has made a mistake that will seriously affect the country’s future,” he continued.
Alito also faulted the majority for, in his view, relying “on precedent that glosses the text” of the Citizenship Clause, arguing that the court’s reasoning “fails on textualist grounds.”
He focused in particular on the constitutional phrase “subject to the jurisdiction of,” contending that the majority overlooked the implications of dual nationality for children born to illegal immigrants.
“A great many persons who are born here to illegal immigrant parents fail this test because at birth they are automatically made nationals of their parents’ native country and, as a result, incur duties to that country,” Alito wrote. “This means that they are ‘subject to a foreign power’ and are thus not ‘subject to the jurisdiction’ of the United States within the meaning of the Fourteenth Amendment.”
The justice also pointed to the issue of “birth tourism,” in which pregnant foreign nationals travel to the United States so their children will automatically receive American citizenship. The practice has been cited by Republicans, including House Speaker Mike Johnson, as a reason to tighten the nation’s birthright citizenship laws.
“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,” Alito wrote. “Instead, the Fourteenth Amendment confers citizenship on only those children who, at birth, owe allegiance solely to this country.”
Chief Justice John Roberts authored the majority opinion, joined by Justice Amy Coney Barrett and the court’s three liberal justices. Justices Clarence Thomas, Neil Gorsuch, and Alito dissented.
Justice Brett Kavanaugh agreed that President Trump’s executive order should not take effect, but he disagreed with the majority’s legal reasoning and voted separately to block the administration’s policy.
{Matzav.com}
