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These Justices Are Not Impartial - Adam Serwer @ The Atlantic
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The Atlantic
In 1898, the same Supreme Court that upheld Jim Crow segregation as constitutional also upheld the Fourteenth Amendment’s guarantee of birthright citizenship, by a 6–2 vote. This was a profoundly racist Court in a profoundly racist era—around the peak of the lynching epidemic—that nonetheless could find no way around the plain text of the Constitution, and was forced to affirm that people of Chinese descent could be citizens.
Nearly 130 years later, in our much more enlightened time, that bedrock guarantee drew more opposition at the Supreme Court. This week, in Trump v. Barbara, a 6–3 majority struck down President Trump’s executive order repealing birthright citizenship for undocumented immigrants and temporary visitors. But only five justices voted to invalidate the order on constitutional grounds. The other four indicated varying degrees of openness to narrowing birthright citizenship, if not exactly along the lines that the Trump administration had sought.
By ruling with such a slim majority, “the Court has just handed right-wingers a new bloody shirt to wave in every single political campaign,” Aderson Francois, a law professor at Georgetown University, told me. “The main legacy of the decision is that for the next few years, this will become the new Roe v. Wade.” After all, conservatives now know they are only one vote away from eliminating birthright citizenship by judicial fiat.
The Fourteenth Amendment has not changed since 1898. What have changed are the Republican Party and the modern conservative movement. Trump believes that “if you import the Third World, you become the Third World.” His rise to power began with his willingness to be a standard-bearer for a movement that cast the first Black president as an illegitimate invader and demanded to see his birth certificate. Trump’s second-term campaign promised “mass deportation” of those very same “Third World” immigrants, and since taking office, he has established an effectively whites-only refugee policy, specifically for white South Africans, illustrating that his objection is less to immigration itself, or to immigrants from the “Third World,” than to immigrants who are not white.
Trump’s logic holds that the growing number of nonwhite people in America is a threat to the nation, whose fundamental character is racial, and that the country is the exclusive property of white Christians rather than all of its people. Birthright citizenship is an obstacle to this idea of America because it makes anyone born here a citizen, regardless of their race, religion, or origin—even if that origin is “the Third World.” As Trump goes, so goes the Republican Party. Neither the text of the Constitution nor more than a century of precedent have proved a match for the partisan-motivated reasoning of several supposedly impartial right-wing justices, whose views on what the Constitution says shift with the ideological currents.
Nearly 130 years later, in our much more enlightened time, that bedrock guarantee drew more opposition at the Supreme Court. This week, in Trump v. Barbara, a 6–3 majority struck down President Trump’s executive order repealing birthright citizenship for undocumented immigrants and temporary visitors. But only five justices voted to invalidate the order on constitutional grounds. The other four indicated varying degrees of openness to narrowing birthright citizenship, if not exactly along the lines that the Trump administration had sought.
By ruling with such a slim majority, “the Court has just handed right-wingers a new bloody shirt to wave in every single political campaign,” Aderson Francois, a law professor at Georgetown University, told me. “The main legacy of the decision is that for the next few years, this will become the new Roe v. Wade.” After all, conservatives now know they are only one vote away from eliminating birthright citizenship by judicial fiat.
The Fourteenth Amendment has not changed since 1898. What have changed are the Republican Party and the modern conservative movement. Trump believes that “if you import the Third World, you become the Third World.” His rise to power began with his willingness to be a standard-bearer for a movement that cast the first Black president as an illegitimate invader and demanded to see his birth certificate. Trump’s second-term campaign promised “mass deportation” of those very same “Third World” immigrants, and since taking office, he has established an effectively whites-only refugee policy, specifically for white South Africans, illustrating that his objection is less to immigration itself, or to immigrants from the “Third World,” than to immigrants who are not white.
Trump’s logic holds that the growing number of nonwhite people in America is a threat to the nation, whose fundamental character is racial, and that the country is the exclusive property of white Christians rather than all of its people. Birthright citizenship is an obstacle to this idea of America because it makes anyone born here a citizen, regardless of their race, religion, or origin—even if that origin is “the Third World.” As Trump goes, so goes the Republican Party. Neither the text of the Constitution nor more than a century of precedent have proved a match for the partisan-motivated reasoning of several supposedly impartial right-wing justices, whose views on what the Constitution says shift with the ideological currents.
The justices that upheld birthright citizenship in 1898 were racist men in a racist era who still could not avoid the plain text of the Constitution. What changed between is that the GOP now sees multiracial democracy as a threat rather than an ideal or aspiration www.theatlantic.com/ideas/2026/0...
— Adam Serwer (@adamserwer.bsky.social) 2026-07-03T16:10:35.954Z