supreme court
Clarence Thomas Files Scathing 91-Page Dissent, Accusing Majority of “Repurposing” the 14th Amendment

The Supreme Court ruled 6-3 Tuesday to uphold birthright citizenship, rejecting President Trump’s executive order that would have denied citizenship to children born to mothers in the country illegally or on temporary visas.
According to AP News, the ruling relied on the long-settled interpretation of the 14th Amendment and the Court’s 1898 Wong Kim Ark precedent.
Chief Justice Roberts, writing for the majority, declared: “Citizenship, then and now, was the right to have rights. We keep that promise today.”
More than 250,000 babies born annually in the U.S. would have been affected by Trump’s order.
Justice Clarence Thomas was furious. His 91-page dissent — more than three times the length of Roberts’ majority opinion — accused the Court of “repurposing” the 14th Amendment “to protect its own set of preferred rights that the Reconstruction Congress never contemplated and that cannot find support in its text.”
Thomas did not hold back:
“Today, the Court does so again by recognizing a constitutional right to citizenship for the children of all foreign birth tourists and illegal aliens… I am not sure that today’s opinion will stand the test of time. Today’s opinion devalues that citizenship.”
The Vote: Birthright Citizenship Ruling (2026)
|
Justice |
Appointed By |
Vote |
|---|---|---|
|
John Roberts, C.J. (Author) |
G.W. Bush |
Majority |
|
Amy Coney Barrett |
Trump |
Majority |
|
Sonia Sotomayor |
Obama |
Majority |
|
Elena Kagan |
Obama |
Majority |
|
Ketanji Brown Jackson |
Biden |
Majority |
|
Brett Kavanaugh |
Trump |
Majority (statutory only) |
|
Clarence Thomas |
G.H.W. Bush |
Dissent |
|
Samuel Alito |
G.W. Bush |
Dissent |
|
Neil Gorsuch |
Trump |
Dissent |
Note: Justice Kavanaugh sided with the majority only on statutory grounds, finding that federal law — not the Constitution — requires birthright citizenship. His position would allow a future Congress to restrict it.

