Jackson criticized her fellow justice’s “ahistorical” interpretation of the 14th Amendment.
Echoing the Trump administration’s sentiments, Thomas argued in his dissent that the 14th Amendment “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 also argued that the Civil Rights Act, which became the foundation for the 14th Amendment, had ensured citizenship to people born in the U.S. and “not subject to any foreign power.”
“The Citizenship Clause [of the 14th Amendment], which the same Congress passed shortly after the Civil Rights Act, was understood to have the same meaning,” Thomas wrote. “It guaranteed citizenship to persons who were both ‘born . . . in the United States’ and ‘subject to the jurisdiction thereof.’”
Jackson called this “ahistorical,” denying that the “text at issue conferred citizenship only on freed Blacks and those in analogous situations.”
Jackson also blamed the Trump administration and Thomas for repurposing the amendment, adding that the Civil Rights Act initially only included Black people but was later expanded to include people of all ethnic backgrounds.
This is such a stupid and easily disproved take. I’ve had relatives claim to me that the US is the only country with birthright citizenship. It’s very common in the Americas.
And even if it wasn’t, and the US was the only country with birthright citizenship, isn’t that our choice as a nation? Do we have to do what other countries do? If we’re going to do that, can we start with universal healthcare and then revisit birthright citizenship after, say, better protections for unions, guaranteed parental leave, guaranteed vacation time, unlimited sick time, higher taxes on the wealthy, abolition of at-will employment, and about 100 other policies the US is the only wealthy nation either not to have or to have a legal framework against?
There are 35 countries that provide citizenship unconditionally to anyone born within their national borders.
Birthright doesn’t make sense anymore. It did when traveling was a long process but now that you can fly around the world drop a baby and be back home the next day. It doesn’t make sense. My country has a issue with baby vacations.
Please enlighten us with what issues your country has with baby vacations.
None of you weirdo ethnonationalists have ever proven that anchor babies are a real issue that actually impact the economy at scale.
It’s just another emotion-driven feint to drive attention away from the robber barons.
What’s the issue exactly? Countries are freaking out over their decreasing birth rates. Allowing more children to be born here with citizenship seems like a great solution to that.
What is the issue exactly?
Yea those people are infesting our good lands!