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EXCERPT:
Supreme Court Justices Clarence Thomas and Samuel Alito tore into the court’s majority for imposing a “medieval” rule on “birthright citizenship” that negates the spirit of the Declaration of Independence, days before the 250th anniversary of America’s founding document.
Both justices issued dissenting opinions in Trump v Barbara (2026), in which the court’s 6-3 majority upheld the notion of “birthright citizenship,” that any baby born on U.S. soil—regardless of his parents’ immigration status—is a citizen.
Justice Thomas said the court’s majority in Trump v. Barbera (2026) presented a legal argument that was “not historically accurate.”
“American citizenship, the court says, was based on a medieval English ‘feudal’ principle, according to which each person ‘owed personal service to the lord of the soil’ as his ‘master’—a perpetual servitude that was ‘born with the child and only ended in the grave,’” he summarized. According to the court’s majority, Americans adopted the feudal principle and Congress codified it in the Civil Rights Act and the 14th Amendment.
Alito, for his part, cautioned that “before saddling the nation with a medieval rule, we had better be certain the Constitution requires it.”
He warned that the court’s decision confers citizenship on “birth tourists,” the children of women who travel to the United States just to give birth.
Alito also noted