Jackson accuses Thomas of echoing infamously racist court decision in birthright citizenship clash

Jackson accuses Thomas of echoing infamously racist court decision in birthright citizenship clash

Justice Ketanji Brown Jackson on Tuesday accused Justice Clarence Thomas of echoing "one of Dred Scott's core tenets" by opposing the Supreme Court's decision to uphold birthright citizenship.

In Jackson's concurrence with the majority's opinion in Trump v. Barbara, she argued that the 14th Amendment's citizenship clause was historically intended to apply to all people born in the United States, including children of illegal immigrants, contrary to Thomas's position that the amendment was ratified specifically to provide slaves freed after the Civil War with citizenship.

"Of course, the ultimate irony is that for all the talk about the detestable Dred Scott decision, the Government and [Thomas] propose a return to its core tenet. Their bottom line is that, for certain people, being born on American soil will not suffice to confer citizenship."

According to Thomas, however, Jackson's universalist characterization of the historical context surrounding the 14th Amendment was unfounded.

"After the Civil War, the Reconstruction Congress overruled Dred Scott, first with the Civil Rights Act of 1866, then with the Citizenship Clause of the Fourteenth Amendment," Thomas wrote. "Both the Civil Rights Act and the Citizenship Clause guaranteed citizenship to persons born and domiciled in the United States regardless of their race. Neither guaranteed citizenship to persons who were not domiciled in the United States."

Thomas went on to describe the distinction he believes is drawn between Black Americans and foreigners residing in the country.

"Blacks were entitled to citizenship because they were Americans. They had no other homeland, owed no allegiance to any foreign power, and were subject to no other authority," the justice went on. "The same could not be said for the children of foreign temporary visitors. Foreign temporary visitors were attached to their home country, lacked similar bonds to this country, and would not be called upon in time of war."

Jackson fired back at this line of reasoning, calling it "myopic."

"The Reconstruction Amendments were an anticaste, antisubordination reset for the Nation, not a mere spot treatment for the dark stain of slavery," Jackson asserted.