The Supreme Court on Birthright Citizenship

The Court on Birthright Citizenship

Roberts seizes the opportunity to cite Chief Justice John Marshall, in his 1812 opinion (214 years ago) in Schooner Exchange v. McFadden on the scope of “jurisdiction.”

He adds that the 1898 case ofUnited States v. Wong Kim Ark “confirms this rule” that children born here satisfy both elements of the citizenship clause: they are “born … in the United States” and “subject to the jurisdiction thereof.”

He spends a few minutes picking apart the government’s arguments, before concluding that “we break no new ground today.” (The line is apparently not in the written opinion).

Roberts explains that Jackson has a concurring opinion in which Sotomayor has joined in part. Kavanaugh has an opinion concurring in part and dissenting in part. Thomas has a dissent joined by Gorsuch, while Alito and Gorsuch each have separate dissents.

Thomas’ 91-page dissent is a doozy, but he rarely has read a dissent from the bench, and he does not do so in Court.

Supreme Court Opinions