CLARENCE THOMAS JUST PUBLISHED THE EXACT ARGUMENT FOR WHY THE SUPREME COURT'S BIRTHRIGHT CITIZENSHIP RULING IS CONSTITUTIONALLY WRONG
Not a political objection. Not a policy disagreement. NAMED HISTORY. SPECIFIC TEXT. Amendment by amendment.
14th Amendment, 1868 — "ONE pervading purpose": securing equal citizenship for FREED SLAVES after the Civil War
Reconstruction Congress intent — zero evidence the drafters contemplated children of foreign temporary visitors or illegal aliens
"Subject to the jurisdiction" clause — Thomas: means full political allegiance, not mere physical presence on US soil
The majority opinion — Thomas says it REPURPOSED the Amendment to protect preferred rights the drafters NEVER contemplated
Thomas's direct quote — those rights "CANNOT find support in the text today"
His warning on the ruling — "I am not sure that today's opinion will stand the test of time"
Thomas during April 2026 oral arguments — probed whether immigration debates even existed when the 14th was written
His core distinction — freed slaves were entitled to citizenship because they were Americans with no other homeland; children of foreign nationals are not in the same category
Roberts and Barrett — joined the liberal bloc in the 6-3 majority in Trump v. Barbara
Gorsuch — joined Thomas in dissent; Alito filed a separate dissent
91 pages
1 purpose the 14th Amendment actually had, per Thomas
ZERO rights the Reconstruction Congress contemplated for children of foreign nationals
100% of Thomas's argument grounded in the specific post-Civil War historical record — not modern policy preference
Every argument on this list is anchored in the text and history of the Amendment. Not in what the Court wishes it said. In what the people who wrote it actually intended.
The Court's ruling stands. But Thomas put a 91-page marker on the record.
Thomas's dissent is still ticking. These are the arguments at the core of it.
I got this from FB and I am so grateful for Justice Thomas!
Marco Rubio is a great Secretary of State!
These two photos from an interview with his wife crack me up!
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