6 ms·
It's tricky because dissenting doesn't necessarily mean you'd reach the opposite conclusion in every respect. In this case, I really doubt even the most conser
by eqmvii 3mo ago
It's tricky because dissenting doesn't necessarily mean you'd reach the opposite conclusion in every respect.
In this case, I really doubt even the most conservative justices believe "birthright citizenship means whatever an Executive Order says it does." At a minimum, we know they aren't signing on to the reasoning the 5 in the majority used. And then we can learn whatever they feel like saying in the dissent, but a dissent is just an essay with no force of law.
- ceejayoz 3mo agoPer Thomas's dissent: > The Court today takes the extraordinary step of holding facially unconstitutional the President’s Order excluding from citizenship the children of foreign temporary visitors and illegal aliens.
- azeemba 3mo agoBut since we have the dissent opinions, it's not tricky at all to see why they are dissenting. Alito and Thomas straight up believe that the constitution does not provide birthright citizenship and the executive order is valid. Gorsuch mostly agrees but makes an exception if the parents plan to stay in the US. Kavanaugh agrees that birthright citizenship is not provided by the constitution, instead he argues its a federal statute that congress can overturn (but the president cannot) https://www.scotusblog.com/2026/06/supreme-court-strikes-down-trumps-order-ending-birthright-citizenship/ https://www.scotusblog.com/2026/06/supreme-court-strikes-dow...
- datsci_est_2015 3mo agoLiteral calvinball by the conservative justices. None of that is in the constitution.
- enoint 3mo agoThomas and Alito complained that they were being impeded from setting executive policy. Very easy to understand the argument that this court is too small.
- NetMageSCW 3mo agoIf it said “regardless of the citizenship status of the parents” they would still find a way to disagree.
- dgellow 3mo agoThe joke that Supreme Court judges are high priests interpreting the constitution as if it was holy scripture was in fact accurate description all along