In a stunning reversal, two Supreme Court justices who previously cited a similar logic to justify overturning birthright citizenship have seen their reasoning fall flat. Justices Samuel Alito and Brett Kavanaugh, who joined the majority opinion in Dobbs v. Jackson Women's Health Organization, argued that the 14th Amendment's Citizenship Clause was not explicitly stated in the Constitution's original text. Now, a new analysis reveals that the same logic used to justify stripping abortion rights could be used to challenge the automatic citizenship granted to children born on U.S. soil. As debate rages over the fate of birthright citizenship, experts are left wondering if the Supreme Court's conservative majority is setting the stage for a major overhaul of the nation's citizenship laws.
The reasoning cited by Justices Alito and Kavanaugh in Dobbs didn't work with birthright citizenship
