The Ben Shapiro Show

Podbit · The Ben Shapiro Show

Ep. 2457 - WHAT COMES NEXT After Awful SCOTUS Ruling?

Explore episode Jul 1, 2026

Where this was said

SCOTUS Birthright Citizenship Ruling: What the Court Actually Decided

At 13:10 · chapter starts 13:05

Ben Shapiro opens the editorial portion by directing listeners to his previous day's full 1.5-hour breakdown, then summarizes the key finding: a 6-3 ruling (effectively 5-4 given Kavanaugh's quibbles) that the 14th Amendment's Citizenship Clause grants citizenship to virtually anyone born on US soil. The legal hinge is four words — 'subject to the jurisdiction thereof' — which the majority treated as largely superfluous, grounding their reasoning in pre-revolutionary British jus soli doctrine. Shapiro contrasts this with the Thomas-Alito dissent, which argued citizenship requires domicile in the US and that parents cannot owe allegiance to a foreign power. He notes a significant implication: the ruling effectively shields not just 4.6 million US-born children of illegal immigrants but potentially 4.2 million of their parents from deportation as well. Shapiro declares the majority opinion clearly wrong and historically dishonest, setting the stage for his argument that the real solutions lie elsewhere.

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