Wednesday, July 1, 2026
Vol. VIII
Est. 2019

The Mind Shield

News · Opinion · Politics · Analysis

Jackson, Thomas clash in birthright citizenship case.

Jackson, Thomas clash in birthright citizenship case.
Supreme Court Justice Ketanji Brown Jackson attends the State of the Union in 2023. Photo: Tom Williams / CQ-Roll Call via Getty Images file

Justice Ketanji Brown Jackson rebuked fellow Justice Clarence Thomas for his dissent in the Supreme Court ruling upholding birthright citizenship on Tuesday.

In a divided 6-3 ruling, the court reaffirmed the more than 100-year-old understanding that nearly all of those born in the United States are citizens.

Five of the justices — Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson — agreed that Trump’s executive order violates the 14th Amendment of the Constitution. Justice Brett Kavanaugh wrote separately to say he believes the order violates federal law.

Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch dissented.

In his dissent, Thomas argued that the Supreme Court was wrong when it ruled that enslaved African Americans were not U.S. citizens in the Dred Scott v. Sandford decision of 1857.

“They had no other homeland, owed no allegiance to any foreign power, and were subject to no other authority,” he wrote.

Thomas wrote that Congress overruled Dred Scott with the 1866 Civil Rights Act and the 14th Amendment. But the amendment was simply a corrective clause intended narrowly for formerly enslaved people, not to confer citizenship on just anyone born on U.S soil.

Both “the Civil Rights Act and the Citizenship Clause guaranteed citizenship to persons born and domiciled in the United States regardless of their race,” he wrote. Neither guaranteed citizenship to persons who were not domiciled in the United States.”

“The Court today takes the extraordinary step of holding facially unconstitutional the President’s Order excluding from citizenship the children of foreign temporary visitors and illegal aliens,” Thomas concluded. “In doing so, the Court adds to the sad history of the Fourteenth Amendment, which 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.”

In a concurring opinion, Jackson accused Thomas of applying a “narrow vision” of the 14th Amendment.

“Despite his longstanding endorsement of a ‘colorblind’ Constitution, Justice Thomas now surprisingly suggests that the Citizenship Clause was a race-conscious remedial measure, relating only to ‘freed slaves such as Dred Scott,’ and those who shared with them certain characteristics,” Justice Jackson wrote.

“It is for this reason, he says, that ‘children who were born in the United States but [to parents] not domiciled here’ are not entitled to claim birthright citizenship. But that narrow vision of the Fourteenth Amendment bears little relationship to the history of its ratification.”

Freed slaves did not receive “new status” from the 14th Amendment; they were U.S. citizens simply because they were born in America, Jackson explained.

“Justice Thomas’ telling elides the entire point of the Second Founding: The Reconstruction Amendments were an anticaste, antisubordination reset for the Nation, not a mere spot treatment for the dark stain of slavery,” she wrote.