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Will Birthright Decision Pass the Test of Time? |
In Trump v. Barbara, the question left hanging is whether the Supreme Court’s ruling today will endure. |
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The New York Sun | July 7, 2026
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We think of The New York Sun as an includer rather than excluder. So our instinct is to share the view of birthright citizenship handed down this morning from the pen of, no less, the Chief Justice of the United States. Yet we also have a streak that nags at us to avoid, when possible, siding with the majority. So in respect of Trump v. Barbara, we quickly turned to the dissent by Justice Clarence Thomas to see what the dissenters have to say.
“I am not sure that today’s opinion will stand the test of time,” is the way that Justice Clarence Thomas concludes his dissent. The thought was on the tip of our own quill. Justice Thomas, in any event, is the longest serving sage on the court. The Citizenship Clause, he reckons, “added greatly to the dignity and glory of American citizenship,” while today’s opinion by the majority “devalues that citizenship.”
Chief Justice Roberts’s majority opinion invalidates President Trump’s executive order ending the longtime policy of granting citizenship to nearly any child born on American soil. The majority included the court’s liberal justices plus Justice Amy Coney Barrett. Justice Brett Kavanaugh agreed only with the majority’s judgment, not with its reasoning, arguing that the dispute could have been decided based on federal law, not the 14th Amendment.
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