The Supreme Court closed its term with a 5-4 decision in Trump v. Barbara, holding that birthright citizenship extends to children of undocumented persons born on U.S. soil. Justice Amy Coney Barrett joined the majority. Conservative critics described the outcome as potentially equivalent to Roe v. Wade and criticized Barrett's vote.
“The Supreme Court’s Biggest Case of the Term Shows Popular Constitutionalism in Action”
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The 5-4 decision reaffirms birthright citizenship as a check on exclusionary efforts, with Barrett's majority vote showing constitutional text prevailing over political pressure.
“Popular constitutionalism and protection against a hereditary underclass”
The ruling overrides the 14th Amendment's plain text and historical understanding, rewarding unlawful entry and functioning like Roe as an entrenched precedent.
“Sovereign authority of political branches and original meaning of jurisdiction”
The decision prioritizes the 14th Amendment's text to limit government discretion over individual status while cautioning against elevating shifting consensus above fixed limits.
“Judicial review constraining state expansion of discretion”
All three views accept the premise of a substantive popular-constitutionalism ruling without examining procedural defaults, dissent quality, or fiscal-transfer effects.
“Unexamined article premise and institutional legitimacy concerns”
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