Citizenship

On February 19, 1923, the United States Supreme Court issued a unanimous ruling in United States v. Bhagat Singh Thind that declared South Asians ineligible for U.S. citizenship. Nine unelected judges, in a single decision, stripped the legal standing of an entire people from the fabric of American law — and their ruling set off a cascade of consequences that ruined businesses, seized property, and drove at least one man to his death. Today is the 103rd anniversary of that decision. It deserves to be remembered — not just as a historical injustice, but as a precise illustration of why unchecked judicial power is dangerous, why the Court’s institutional consensus is no guarantee of moral correctness, and why structural reform is not optional. ...

The Fourteenth Amendment’s Citizenship Clause is one sentence: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” It was ratified in 1868. The Supreme Court interpreted it — clearly, and with essentially the meaning everyone has understood it to have for over a century — in 1898. Nobody seriously disputed what it meant for 128 years. On June 30, 2026, the Supreme Court reaffirmed that meaning and struck down Trump’s executive order trying to end birthright citizenship for children of undocumented and temporary-visa immigrants. That’s the good news. The bad news is what it took to get there, and what three sitting justices were willing to argue in order to reach the opposite conclusion. ...