Clarence Thomas Dissent on Birthright Citizenship Ruling
Supreme Court Justice Clarence Thomas expressed strong disagreement with Tuesday’s decision regarding birthright citizenship, claiming that it diminishes the value of American citizenship.
In his dissent, Justice Thomas stated that “the Court has repurposed the Fourteenth Amendment to protect its own set of preferential rights.” He criticized the Court for acknowledging a constitutional right to citizenship for the children of foreign-born visitors and undocumented immigrants.
He emphasized that the primary aim of the Fourteenth Amendment was to ensure equal civil rights for freed slaves.
The Supreme Court maintained that birthright citizenship is upheld within the Constitution via the Fourteenth Amendment. The majority, consisting of six justices, noted that “children born in the United States to illegally or temporarily present parents are subject to the ‘jurisdiction’ of the United States and are citizens at birth under the Citizenship Clause.”
Chief Justice Roberts, representing the majority view, said that “if Congress intended to limit U.S. citizenship to the children of persons domiciled in the United States, there is nothing in the simple language of the Citizenship Clause that conveys that intent.” This indicates that anyone born in the U.S. automatically becomes a citizen, regardless of their parents’ residency status.
Thomas argued that much of the reinterpretation of the Fourteenth Amendment focused on promoting a set of preferential rights not considered during the Reconstruction era.
He remarked, “Black people were entitled to citizenship because they were Americans.” He noted that the same cannot be said for the offspring of temporary visitors, asserting that these individuals have ties to their home countries and are not obligated to contribute during times of conflict.
While the majority found insufficient evidence from Reconstruction-era documents to back the government’s claims, Thomas contended that substantial evidence existed. He referenced several Congress members of the period, including Congressman John Bingham and Justice John Marshall Harlan.
Thomas concluded, “I don’t know if today’s opinion will stand the test of time. The Citizenship Clause ‘greatly exalted the dignity and glory of American citizenship.’ Today’s opinion disrespects that civil right. I respectfully disagree.”
