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The Birthright Decision Was Surprisingly Close

July 1, 2026 · 5:39 am ET · Leave a Comment

“On the final day of its term, the Supreme Court issued a majority opinion with a clear message: Birthright citizenship is a right guaranteed by the 14th Amendment of the Constitution,” the New York Times reports.

“That decision on Tuesday, striking down President Trump’s executive order limiting birthright citizenship, reaffirmed decades of legal thought and practice. But some civil rights advocates, lawyers and legal scholars were surprised that four justices — Clarence Thomas, Brett M. Kavanaugh, Samuel A. Alito Jr. and Neil M. Gorsuch — said that they did not see birthright citizenship as a constitutional right for certain groups.”

“In the end, birthright citizenship as a constitutional right survived by one vote — the latest sign of how far the conservative legal movement has shifted on the issue.”

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Taegan Goddard

Taegan Goddard

Taegan Goddard is the founder of Political Wire -- which for more than two decades has been one of the nation's most influential political news sites.

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