Quote · The Ben Shapiro Show
Ep. 2457 - WHAT COMES NEXT After Awful SCOTUS Ruling?
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. [1] — Ben Shapiro "The Citizenship Clause hinges on four words: 'subject to the jurisdiction thereof.' The majority read it as essentially superfluous — if yo…" 14:05 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.
The Supreme Court's 6-3 ruling upholding birthright citizenship is legally wrong, but it didn't change existing law — it simply failed to fix it. The answers to mass immigration still exist in the executive and legislative branches, and blackpilling hands politicians a free pass.
The Citizenship Clause hinges on four words: 'subject to the jurisdiction thereof.' The majority read it as essentially superfluous — if you're born here, you're a citizen. The dissenters, led by Thomas and Alito, argued you also had to have domicile and not owe allegiance to a foreign power.
The Supreme Court upheld birthright citizenship in a 6-3 decision, with Justice Kavanaugh providing a fifth vote for the majority while expressing reservations.
There are approximately 4.6 million U.S.-born children of illegal immigrants currently in the country, with roughly 4.2 million illegal immigrant parents effectively shielded from deportation.
A Pew study found that nearly 1 in 10 births in the United States in 2023 was to an illegal immigrant mother, totaling about 320,000 babies per year.
