
E181 - Supreme Court Upholds Birthright Citizenship - But Not Without Dissent
Published: June 30, 2026
Duration: 10:00
The majority opinion was written by Chief Justice John Roberts and joined by Justices Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, and Amy Coney Barrett. Brett Kavanaugh concurred in the judgment while dissenting in part. Clarence Thomas and Samuel Alito dissented, joined by Neil Gorsuch. The court grounded its decision in the historical context of the 14th Amendment's citizenship clause, tracing the language back to English common law, the Dred Scott decision and its widespread condemnation, Attorney General Edward Bates' wartime opinion on citizenship, the Civil Rights Act of 1866, and the court's prior precedent in United States v. Wong...