Very good read on just how egregious the three justices who did not side with the majority are behaving:
The Supreme Court Just Made the Case for Its Own Expansion
Today’s birthright citizenship ruling wasn't a win for constitutionalism. It was a warning.
Jonathan V. Last
Jun 30, 2026
“Winning”
On the one hand, yes, it is very nice that the Supreme Court rejected the Trump administration’s BLATANTLY UNCONSTITUTIONAL order to unilaterally end the constitutional guarantee of birthright citizenship.
This is nice in the same way that it is nice when a person walking past you on the street doesn’t pull out a gun and shoot you.
The Court’s majority followed the Constitution. Yay. Let the celebrations begin. Give each of the six justices in the majority a cookie.
On the other hand: The fact that three justices took the anti-constitutional side of this fight is evidence that the Court itself cries out for reform.
Let’s not play make-believe. There was no “case” here. The Trump administration has lost this argument at every single level. The lower-court judges who heard the case were gobsmacked that the Trump administration would even try to end birthright citizenship via executive order.
It started in January 2025 when a district court judge granted a temporary restraining order blocking implementation of the policy.
“This is a blatantly unconstitutional [executive] order,” Judge John Coughenour said.
He was not done:
Coughenour is not one of your socialist DEI judges—he was appointed by Ronald Forking Reagan.
Six months later, in July 2025, Judge Joseph Laplante, a George W. Bush appointee in the District Court of New Hampshire, granted certification for the class-action lawsuit that would challenge the administration’s policy.
Another version of the case,
State of Washington v. Trump, was heard by the Ninth Circuit Court of Appeals. It ruled against Trump as well.
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The majority, upholding a lower court’s injunction,
ruled that the lower court had “correctly concluded that the Executive Order’s proposed interpretation, denying citizenship to many persons born in the United States, is unconstitutional.”
The first time the Trump administration was able to find any judge, anywhere in America, to state that it had the ability to do away with birthright citizenship was when it got to the Supreme Court.
And then it found
three of them.
2. Reform
What does it mean when a third of the Court wants to blow up the Constitution?
If it were just one judge, being weird and acting like a Vulcan, maybe you could argue that the high court always has eccentrics and this isn’t evidence of structural corruption.
But three justices willing to vouch for the necessity of anti-constitutional action on the part of the executive branch?
And now, consider the specific circumstances of those three justices.
One of them, Neil Gorsuch, was appointed by the president he ruled in favor of.
One of them, Samuel Alito, is in the habit of
openly lying to the public and the media when he is not ruling from the bench. Oh, and he is
alleged to have run a campaign of leaking controversial opinions in an attempt to help shape the political narratives of his preferred party.
And the third, Clarence Thomas, is so nakedly corrupt that the
wealth of gifts and emoluments he has
received over the years from his ideological patrons beggars belief. (Many of these were not properly disclosed, either.)
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In the face of these corruptions, the Court has refused to reform itself. There has been no sanction against Justice Alito for lying to the public.
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There has been no sanction against Justice Thomas for accepting highly questionable gifts—and failing to properly disclose many of them in accordance with the Court’s own protocols.
And now, with these corruptions hanging over the Court, we have three justices issuing dissents that cannot be supported by any reasonable reading of the Constitution. If there were
any room for argument on the government’s contention that birthright citizenship could be abolished via executive order then some judge, somewhere, would have found it.
The plain fact is that the only three judges in America willing to make such anti-constitutional arguments were a Trump appointee, a political hack with a history as a liar, and a man who has taken millions of dollars in bennies from conservative donors.
That is the picture of an institution in need of deep, structural reform.
Today’s birthright citizenship ruling wasn't a win for constitutionalism. It was a warning.
www.thebulwark.com