this post was submitted on 30 Jun 2026
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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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[–] phutatorius@lemmy.zip 1 points 13 hours ago

He could always go sulk for a couple more years, then resign.

[–] kreskin@lemmy.world 2 points 20 hours ago

The decision has been made so shut up about it and respect the courts decision, crybaby bitch Alito.

[–] Bwaz@lemmy.world 2 points 1 day ago

Alito? That dont sound like a 'merican name. Deport his foreigner ass.

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

[–] Uranus_Hz@lemmy.zip 17 points 2 days 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.

[–] axx@slrpnk.net 8 points 2 days ago (1 children)

No fences, no borders, free movement for all.

[–] CultLeader4Hire@lemmy.world 2 points 1 day ago (1 children)

It’s funny too because this mentality is both moral and good for business. Capitalism thrives when people are free to come and go and buy as they please but the US isn’t actually a capitalist society, there is no free market. Borders are antithetical to free markets.

[–] phutatorius@lemmy.zip 1 points 13 hours ago (1 children)

Borders are antithetical to free markets.

There is no such thing as a free market.

[–] CultLeader4Hire@lemmy.world 1 points 9 hours ago

Sure but as an economic concept, it’s still an abstract idea that can be understood

[–] Professorozone@lemmy.world 16 points 2 days ago (1 children)

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

[–] phutatorius@lemmy.zip 1 points 13 hours ago

I think I know what the real problem is.

[–] laranis@lemmy.zip 28 points 2 days 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.

[–] qarbone@lemmy.world 9 points 2 days ago

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

[–] DarkFuture@lemmy.world 11 points 2 days ago

Literal traitor says what?

[–] BigMacHole@thelemmy.club 12 points 2 days ago (1 children)

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

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

One of the court reporting people on NPR said something like "This is a perfect case where all they had to do was point at the Constitution and not take up the case".

[–] AbouBenAdhem@lemmy.world 103 points 3 days ago* (last edited 3 days 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 52 points 3 days ago

He doesn't expect you to think!

[–] Semi_Hemi_Demigod@lemmy.world 51 points 3 days ago* (last edited 3 days 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?

[–] ttayh@lemmy.zip 3 points 1 day ago

You think aliens (gov term) don't pay taxes? Be it non-resident aliens, resident aliens for tax purposes, or resident aliens, we do.

No taxation without representation my ass. The US loves to tax without representation

Hell some of my ancestors have been here since before even James Town in one case but we hugged the borders of civilization through much of it so where do me and my kin fit in since records are scattered. For those curious my ancestors came over from western Ireland with a Jesuit expedition about 20 years before James Town.

[–] homes@piefed.world 19 points 3 days ago (1 children)

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

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[–] ButtermilkBiscuit@feddit.nl 13 points 2 days ago (1 children)

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

[–] green_goglin@thelemmy.club 3 points 2 days ago

It’s a feature; not a glitch

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[–] Jaysyn@lemmy.world 22 points 2 days ago

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

[–] A_Random_Idiot@lemmy.world 10 points 2 days ago* (last edited 2 days ago)

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

[–] stoly@lemmy.world 71 points 3 days ago

Alito's birth was a serious mistake.

[–] dhork@lemmy.world 55 points 3 days ago* (last edited 3 days ago) (15 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 31 points 3 days ago (1 children)

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

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[–] breezeblock@lemmy.ca 18 points 3 days ago (2 children)

What kind of clown argues the constitution is unconstitutional

[–] captainlezbian@lemmy.world 1 points 1 day ago

4-6 members of the current supreme court. Consistently…

[–] ayyy@sh.itjust.works 5 points 2 days ago

Republicans. Constantly.

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[–] Gates9@sh.itjust.works 8 points 2 days 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 2 days ago (2 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.

[–] phutatorius@lemmy.zip 1 points 13 hours ago

And regulating its operations, which Congress has the power to do, but never has. It can also restrict the subjects that the Supremes can rule on. That power has never been exercised either. The court under Marshall (the old one, not Thurgood of blessed memory) did a massive power grab and noobdy seems to have minded all that much.

[–] captainlezbian@lemmy.world 2 points 1 day ago (1 children)

I'm firmly of the opinion that all 4 justices who argued against the 14th amendment need to be impeached and removed from office for violation of their oath to the constitution.

[–] GoofSchmoofer@lemmy.world 1 points 1 day ago

I will agree with that.

[–] fodor@lemmy.zip 28 points 3 days 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.

[–] Treczoks@lemmy.world 11 points 2 days ago

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

[–] CharlesDarwin@lemmy.world 11 points 2 days 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.

[–] jtrek@startrek.website 25 points 3 days ago (8 children)

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

[–] phutatorius@lemmy.zip 2 points 13 hours ago

A long-term chronic illness that meant he had to take extended absences, but would refuse to resign and would linger on until there's a non-MAGAt in the White House, that'd be just about ideal.

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[–] santa@sh.itjust.works 31 points 3 days ago* (last edited 3 days 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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[–] socsa@piefed.social 18 points 3 days ago

Every new breath Alito takes is a fucking mistake

[–] toomanypancakes@crazypeople.online 21 points 3 days ago* (last edited 3 days ago)

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

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