this post was submitted on 30 Jun 2026
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politics

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The Trump administration has sought to restrict citizenship to children with at least one parent with citizenship or permanent legal status.

Alito warned in his dissent the ruling could have “grotesque results,” including an encouragement of “birth tourism,” and national security ramifications.

“If the Fourteenth Amendment required these results, the country would have to live with them or amend the Constitution,” he wrote. “But the Fourteenth Amendment does not include the rule the Court now imposes on the country.

“In my judgment, the Court has made a mistake that will seriously affect the country’s future,” he continued.

Alito accused the majority opinion of relying “on precedent that glosses the text” of the 14th Amendment’s citizenship clause and that their argument “fails on textualist grounds.”

The conservative justice specifically pointed to the 14th Amendment’s reference to a person who is “subject to the jurisdiction of,” arguing that the court’s majority failed to consider issues of dual citizenship.

For that last bit related to being “subject to the jurisdiction of," is he suggesting that foreigners aren't subject to criminal prosecutions? Like, if some gal who is foreign and lacks citizenship/greencard/visa/foreign service/etc. snuck in and randomly shoots someone, they'd not be subject to US prosecution? What if they're also apprehended with a ton of Schedule 1 narcotics? We supposed to be like "Ope! She's not subject to US jurisdiction. So, we better send her home with a stern finger wagging."

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[–] AbouBenAdhem@lemmy.world 97 points 1 week ago* (last edited 1 week ago) (6 children)

Given that birthright citizenship has been the rule since the Civil War, is he saying that all of subsequent American history is an example of these “grotesque results”?

[–] dmtalon@infosec.pub 51 points 1 week ago

He doesn't expect you to think!

[–] Semi_Hemi_Demigod@lemmy.world 49 points 1 week ago* (last edited 1 week ago) (3 children)

My family’s been here since 1733 and never took a test. If birthright citizenship isn’t real then am I a citizen?

And if we’ve never been citizens, who do we sue to get back all the taxes we paid?

[–] homes@piefed.world 18 points 1 week ago (1 children)

Don’t forget all of the back taxes you owe to the British crown!

[–] Semi_Hemi_Demigod@lemmy.world 17 points 1 week ago

Them Limeys will have to come and take them.

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[–] ButtermilkBiscuit@feddit.nl 12 points 1 week ago (1 children)

This is who the pedo squad republicans nominate for scotus - people who don't understand or respect the constitution.

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[–] stoly@lemmy.world 67 points 1 week ago

Alito's birth was a serious mistake.

[–] dhork@lemmy.world 54 points 1 week ago* (last edited 1 week ago) (12 children)

“Careful analysis of the text of the Fourteenth Amendment and the process that led to its adoption shows that it does not degrade the concept of United States citizenship in this way,” Alito wrote. “Instead, the Fourteenth Amendment confers citizenship on only those children who, at birth, owe allegiance solely to this country.”

Hmm, let's look a the actual text of the 14th amendment:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

The word "solely" doesn't appear there once. There is absolutely nothing there that states that being a citizen of another country disqualifies you, or your kids. (If it did, it would be impossible to be naturalized as a US citizen without first renouncing your original citizenship). It's obvious that this clause was meant to apply to diplomats and other people who get some forms of immunity from local prosecution.

What an asshat....

[–] joekar1990@lemmy.world 30 points 1 week ago (1 children)

It's ironic because Alitos family didn't arrive from Italy until 1914 as well.

[–] grimpy@lemmy.myserv.one 12 points 1 week ago

& us Italians weren’t even considered to be white people here until around the 1920’s

[–] breezeblock@lemmy.ca 17 points 1 week ago (2 children)

What kind of clown argues the constitution is unconstitutional

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[–] Sunflier@lemmy.world 15 points 1 week ago* (last edited 1 week ago) (1 children)

Alito wrote. “Instead, the Fourteenth Amendment confers citizenship on only those children who, at birth, owe allegiance solely to this country.”

The 14th Amendment was adopted in 1868. Its primary purpose was to secure rights for formerly enslaved people, establishing birthright citizenship, barring states from denying "equal protection of the laws," and ensuring "due process" for all individuals. Slaves were freed in 1865. Wonder how and when the former slaves became obligated to owe allegiance to the US after it had them enslaved for half their life.

[–] jacksilver@lemmy.world 15 points 1 week ago (2 children)

Not to mention, that would mean that citizenship wouldn't be granted to kids who have at least one parent with dual citizenship. As those kids could potentially be under the jurisdiction of the other country.

His reasoning in his dissent doesn't hold up to even basic scrutiny.

[–] Sunflier@lemmy.world 10 points 1 week ago

Not to mention, that would mean that citizenship wouldn’t be granted to kids who have at least one parent with dual citizenship.

The Nazis had the same way of looking at ancestry for determining whether someone was Jewish.

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[–] musicalphysics@discuss.online 6 points 1 week ago

The jurisdiction clause was also there so native Americans on reservations didn’t get citizenship.

[–] LodeMike@lemmy.today 5 points 1 week ago

Citizens don't owe allegiance to a state.

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[–] santa@sh.itjust.works 30 points 1 week ago* (last edited 1 week ago) (2 children)

He’s a serious mistake.

Given this ruling, if there are future considerations by Court I’m sure he’ll now recuse himself /s

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[–] fodor@lemmy.zip 28 points 1 week ago

He's such a joke. If the results will be disastrous in the future, we would have seen that over the last century. And he knows this, which just shows that he doesn't give a fuck about reality or facts.

[–] laranis@lemmy.zip 27 points 1 week ago

"Birth tourism" - Moot point. They're solving that by making the country so shitty in every way that no one wants to be US citizens.

[–] jtrek@startrek.website 25 points 1 week ago (3 children)

Alito is a disgrace. I hope he's removed from power soon

[–] Sunflier@lemmy.world 8 points 1 week ago* (last edited 1 week ago) (3 children)

Removing him would give the jackass the opportunity to appoint a new ACB or Boofer Cavenaugh.

[–] elbucho@lemmy.world 5 points 1 week ago (2 children)

Both of whom, btw, voted that the 14th amendment was constitutional.

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[–] Jaysyn@lemmy.world 21 points 1 week ago

Can't wait to read this fascist scumbag's obituary.

[–] toomanypancakes@crazypeople.online 20 points 1 week ago* (last edited 1 week ago)

Let me know when somebody "slams" alito into a fucking curb.

[–] socsa@piefed.social 17 points 1 week ago

Every new breath Alito takes is a fucking mistake

[–] Rentlar@lemmy.ca 16 points 1 week ago (1 children)

Bah! What are the Supreme Court Justices doing, relying on this pesky thing called 'precedent'? They're supposed to be making up justifications as they see fit, based on who invited them to their yacht or resort retreat!

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[–] Uranus_Hz@lemmy.zip 16 points 1 week ago

The US Supreme Court was tasked with determining if the US Constitution was constitutional. And three of the justices failed at this very basic task.

[–] Professorozone@lemmy.world 15 points 1 week ago (1 children)

It's been in effect for over 200 years, but now it's a problem. Fuck this guy.

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[–] Steve@startrek.website 13 points 1 week ago (1 children)
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[–] grimpy@lemmy.myserv.one 12 points 1 week ago

Alito himself is a serious Baby Bush era mistake that has inflicted his toxicity on the US public for a couple of decades now

[–] BigMacHole@thelemmy.club 11 points 1 week ago (1 children)

The Constitution is ~~LAW!~~ a MISTAKE!

-Republicans (UNLESS it's After a Bunch of Kindergarteners get MOWED DOWN by a Gunman!)

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[–] Treczoks@lemmy.world 11 points 1 week ago

On the other hand, many people now know that Alito was a mistake.

[–] Zephorah@discuss.online 11 points 1 week ago (1 children)
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[–] DarkFuture@lemmy.world 10 points 1 week ago

Literal traitor says what?

[–] A_Random_Idiot@lemmy.world 10 points 1 week ago* (last edited 1 week ago)

Alito's being on the bench is a serious mistake.

[–] CharlesDarwin@lemmy.world 10 points 1 week ago

This asshole is such a broken individual. He should be impeached. The fact that he has so much influence over millions says a lot about our system.

[–] green_goglin@thelemmy.club 9 points 1 week ago* (last edited 1 week ago)

Pontificate on a pike, Sam.

[–] RedWeasel@lemmy.world 9 points 1 week ago (1 children)

@Sunflier@lemmy.world I was thinking the same exact thing. If someone is in the country and not under the jurisdiction of said country they would have complete immunity in my humble opinion.

Guy is an idiot among other unflattering things.

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[–] CIA_chatbot@lemmy.world 9 points 1 week ago (1 children)
[–] turdburglar@piefed.social 5 points 1 week ago (2 children)

probably not very well though

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[–] Gates9@sh.itjust.works 8 points 1 week ago (1 children)

The text of the amendment could not be more clear. Alito is really a traitorous prick. Frankly, I’m sympathetic to the idea that the Supreme Court should be disbanded altogether. We have a representative legislature, we don’t need these fuckers.

[–] GoofSchmoofer@lemmy.world 8 points 1 week ago (3 children)

Naw we really do need the court but there needs to be some big changes to it like expanding the size and putting in 18 - 25 year term limits.

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[–] qarbone@lemmy.world 8 points 1 week ago

The only people coming to the US now are the truly desperate refugees that couldn't afford to go anywhere better.

[–] axx@slrpnk.net 7 points 1 week ago (3 children)

No fences, no borders, free movement for all.

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[–] OhStopYellingAtMe@lemmy.world 5 points 1 week ago

They are seriously terrified of “white replacement theory.”
The heritage foundation has poisoned all three branches of our government. It’s disgusting.

[–] LodeMike@lemmy.today 5 points 1 week ago

How does one prove that at least one of their parents is a citizen, considering that they also would need to prove that at least one of their parents is a citizen.

Also if this ruling went the other way we'd have millions of suddenly stateless Americans, more than the current count (Dreamers et. al)

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