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Snapshot · The Ben Shapiro Show
Ep. 2456 - LIVE: Ben Breaks Down SCOTUS on Birthright Citizenship
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Jun 30, 2026
Where this was said
Justice Alito's Dissent: Congress Should Fix This, Not the Court
At 51:20 · chapter starts 48:20
Alito's dissent follows a similar historical path to Thomas's but adds a sharp policy critique: the court is using a constitutionally mandated floor to duck responsibility for a problem that Congress should solve. Alito argues the 14th Amendment only requires citizenship for those who owe sole allegiance to the U.S. at birth — a narrower standard that would exclude children of illegal or temporarily present foreign nationals. He insists that Congress retains the power to go further and grant citizenship more broadly, including potentially amnestying Dreamers. But that is Congress's choice to make, not a constitutional mandate. Shapiro quotes Alito's memorable line that 'before saddling the nation with a medieval rule, we had better be certain the Constitution requires it,' and presents his rebuttal to Roberts's argument that leaving bad precedent in place is justified by the disruption of stripping citizenship from millions. Alito says bad law remains bad law regardless of the disruption its correction causes.
Alito Dissent: The Constitution Doesn't Mandate This
Alito argues the 14th Amendment only requires citizenship for those who at birth owe allegiance solely to the United States. Congress could expand citizenship to cover Dreamers and others — but it should be Congress's choice, not a constitutional mandate locked in forever by a bad precedent.
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