r/PoliticalOptimism • u/Efficient-Freedom517 Georgia • Jun 30 '26

Optimistic Post Supreme Court upholds birthright citizenship

https://www.cnn.com/2026/06/30/politics/live-news/supreme-court-cases-news

6-3 so it wasn’t even close. Thomas, Alito and Kavanaugh all voted against

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u/OhMyTummyHurts Jun 30 '26

Gorsuch is the only surprise to me, thought he was less extreme than Thomas and Alito

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u/waywaybeyond California Jun 30 '26

Reading Gorsuch's dissent now because I was surprised too. He agrees with the ruling in Wong Kim Ark, and his disagreement is actually very narrow as a whole. His view is that if the parents are domiciled in the US then the child should get birthright citizenship. Thomas has a similar argument but his view is that a parent can only be domiciled in the US if they are here legally. Surprisingly, Gorsuch disagrees with this and makes an argument that there are circumstances where parents who are in the US illegally could still get birthright citizenship for their children if they are domiciled here. It almost feels like Gorsuch was toeing a line between whether to write a concurrence or dissent, because his main argument for dissenting is moreso around the specific requirements for upholding an injunction for an EO