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In birthright citizenship dissent, Justice Thomas stakes out an ideological claim of who counts as an American
The Supreme Court upheld birthright citizenship in Trump v. Barbara, rejecting President Trump’s executive order to narrow it. Justices Thomas and Gorsuch dissented, arguing the 14th Amendment’s citizenship clause should focus on domicile and jurisdiction, framing the issue as an ideological debate about who qualifies as 'American.' Thomas criticized the majority’s interpretation as inconsistent with constitutional text and history.
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- The divided Supreme Court’s birthright citizenship decision exposes sharp rifts among justices