Trump and his cronies were never going to win that battle. Like many things he does, it serves as a dog whistle to nationalists and allows him to paint anyone who opposes him as somehow un-American and an enemy of the ‘people’.
Varelion · 2026-06-30 15:08:59 UTC
White nationalists, specifically, yeah. Colloquially known as Nazi wannabes.
Windchaser · 2026-06-30 15:50:29 UTC
> Trump and his cronies were never going to win that battle.
He got dang close. He's only one justice replacement away from making it doable.
Gods, we are not as far from ripping up the Constitution as we'd like to think.
999900000999 · 2026-06-30 14:57:27 UTC
Thank God.
If only because this would open up people born here to having their citizenship retroactively revoked.
The constitution is pretty clear. If you don't like it amend it.
If anything we need to expand it to include anyone who gives birth in this country. If you're willing to deal with our horrible maternity care system and help keep up our declining population, you deserve a blue passport.
The nuance is ~71% of the world’s population now lives in countries with birth rates below the replacement level needed to maintain population size. US working age population cohort has likely peaked. The future of the developed world is fighting over global skilled workers and young potential immigrants who would settle and start families in your jurisdiction.
I suspect OP mean declining fertility rate. USA population is still increasing, but is slowing down, and will sharply drop if the fertility rate remains below replacement of ~2 children per woman.
sheept · 2026-06-30 15:30:19 UTC
I believe OP is referring to how immigration is the only known working solution to a decreasing population.
The US fertility rate is already 1.6 births per woman[0], and the population is only not decreasing because it still receives far more immigration than, say, Japan or South Korea.
This is not specific to the US. The US is on 147th position [1], right near a lot of European countries, and I don't think there are easy way to rollback the demographic transition.
The US's population is not declining. However, without immigration, our population growth would be very close to zero, and a yet lower rate of natural increase is locked in over the next couple of decades (more old people who will die than children).
And, I mean, it's obviously hard to predict beyond that, but it doesn't seem like anyone has any real clear answer to the trend of steadily decreasing TFR right now.
ihsw · 2026-06-30 15:15:12 UTC
The birth rate correlates inversely with female earnings growth and correspondingly with male earnings growth; or, more to the point, declining birth rates correlates with the advancement of feminism (including birth rates approaching and then reaching zero.)
This is an observation and not a judgement. Take what you will with this information.
kbelder · 2026-06-30 15:21:38 UTC
This is true, although I think it correlates more strongly with female participation in the workforce than earnings directly. And it's not a criticism of feminism, just a consequence that we should be aware of.
graemep · 2026-06-30 15:27:48 UTC
Yes, because of the outdated assumption that women take virtually all responsibility for childcare, which is damaging not just to women, but to men and children too, combined with the it becoming more difficult for families to manage on a single income.
It is not just an American problem. It is slowly changing, at least here in the UK: I see a lot more dads taking kids around these days. I have still found people were surprised that my daughter lived with me rather than her mother after divorce though.
Windchaser · 2026-06-30 15:27:51 UTC
It makes sense to me. When women have more choices, they tend to put off having kids or they raise their standards - for their economic situation before kids, for partners, etc.
I think this is good; insofar as women have children, it should be because they want to, not because they're pushed into it.
I'll say - it also wouldn't kill us to have slightly fewer people on the planet. We're already taxing much of our systems/ecosystems past their breaking points. Smarter people than me, entire groups of scientists, are saying that what we're doing now is badly unsustainable and we're heading for trouble.
bryanlarsen · 2026-06-30 15:51:00 UTC
Slightly fewer is good. A rate of around 1.8 kids per woman seems slow but it's an exponential so it's still quite significant.
Parts of the world have reached 1.0 kids per woman, which is a halving of the population per generation, which will put a massive strain on our resources
Windchaser · 2026-06-30 16:01:30 UTC
> which will put a massive strain on our resources
True, but again, scientists are saying that we're already putting massive strain on our ecological resources, and the strain is only increasing. Not just climate change, but ocean acidification, modification of biogeochemical balances, habitat destruction, etc.
We are at genuine risk of accidentally wrecking the ecosystems we depend on.
Population degrowth may do more harm than good. One billionaire with a private jet does more harm than thousands.
toomuchtodo · 2026-06-30 15:31:56 UTC
A material component of reduction in the US fertility rate has been avoided teen (15-19 cohort) pregnancies. ~40% of pregnancies both in the US and internationally, annually, are unintended (per the Guttmacher Institute and the UN, respectively).
It also correlates with the economy being more and more hostile towards single income households, but let's just blame women knowing their own worth.
raverbashing · 2026-06-30 15:15:26 UTC
> If only because this would open up people born here to having their citizenship retroactively revoked.
No, that's not how laws work
Applying laws retroactively is much less common than a "simple" rule change
Octoth0rpe · 2026-06-30 15:19:47 UTC
That's not how we have traditionally thought citizenship works, but that is exactly what the Trump administration would've gone for next if the supreme court had ruled in their favor in this instance, thereby setting up the _next_ supreme court case.
aetherson · 2026-06-30 15:21:55 UTC
That was very much on the table, though not locked in.
mayneack · 2026-06-30 15:22:48 UTC
Either laws work the way they're written and 4 members of the court disagree or they work the way the Supreme Court says they work and a worse ruling could threaten those citizens.
wat10000 · 2026-06-30 20:21:36 UTC
This wouldn't really be applying laws retroactively, but deciding what the law has always meant. If the decided meaning is that children of illegal immigrants are not automatically citizens, that means they weren't automatically citizens beforehand. Thus there wouldn't really be anything to revoke, they just never were citizens in the first place.
The executive order that prompted this was only aimed at babies born after it went into effect, but I see no reason it would have to be that way.
arjie · 2026-06-30 15:19:21 UTC
I can believe that there is a lot of variance in maternal care and obstetrics in the US, but my wife and I had a pretty good experience. Documented here in what detail I could muster in those days: https://wiki.roshangeorge.dev/w/Pregnancy
999900000999 · 2026-06-30 16:14:47 UTC
Congrats!
But statistically America lags behind most other nations of similar development levels.
Not to mention the lack of maternity leave or real worker protections. A family member was fired for taking off time during a pregnancy. Everyone's fine now, but she definitely had a rough patch.
A big part of this comes down to the lack of any real safety net here.
nozzlegear · 2026-06-30 16:22:51 UTC
Wow, looking at the data on that page, it seems that people should go to Belarus if they want to have a baby.
ronsor · 2026-06-30 20:58:17 UTC
Lukashenko did a good job apparently.
ventana · 2026-06-30 15:28:12 UTC
The U.S. Constitution is very far from being clear. The whole purpose of the Supreme Court is to explain the meaning of what is written in the Constitution; there are 9 justices in the court and they often disagree on that.
Just look at the second amendment:
A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed.
The "well regulated militia" phrase caused at least two very different opinions: United States v. Miller [1] in 1939 and District of Columbia v. Heller [2] in 2008, with very different results.
Just as the second amendment has this "militia" phrase that provokes arguments, the fourteenth amendment starts with
All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside.
and the phrase "and subject to the jurisdiction thereof" is vague enough to trigger discussions about whether it applies to illegal immigrants or not.
This is why American Samoans aren't citizens. They aren't subject to the full jurisdiction of the USA even though they are born in the United States.
Yet you rarely find anyone giving a shit about the American Samoans, you never hear about it.
----- re: below due to throttling---------
>American Samoans aren't citizens because American Samoa is a territory, not a state. Puerto Rico has a special status that was extended to it to grant its residents citizenship – this isn't a status that's automatically granted to all territories, it requires Federal approval which AS has never formally pushed for.
Unless you falsely believe PR or AS are not part of the United States, you are just agreeing with me with extra words regarding the jurisdictional differences. The only option for denying birthright citizenship would be not born in United States, or not subject to jurisdiction thereof.
See this excellent prior comment[] on why the difference between PR and AS is jurisdiction and not whether it is part of the US.
>This seems entirely subjective.
I'm not going to do a formal academic study with you, it's plainly obvious as of late you see far more headlines on hackernews (a search shows a single HN topic on AS citizenship in the history of HN, but full page+ of search results on the birthright citizenship issue at hand) and elsewhere regarding the birthright citizenship issue at hand and far more rarely the fact American Samoans don't get it.
American Samoans aren't citizens because American Samoa is a territory, not a state. Puerto Rico has a special status that was extended to it to grant its residents citizenship – this isn't a status that's automatically granted to all territories, it requires Federal approval which AS has never formally pushed for.
> Yet you rarely find anyone giving a shit about the American Samoans, you never hear about it.
This seems entirely subjective.
arjie · 2026-06-30 20:26:23 UTC
What a curiosity. It appears that other territories count by statute but for American Samoa the US national designation was created to give them similar rights to citizens but not voting or political office and in exchange the Samoans get some more self-determination than other territories. Cool!
mothballed · 2026-06-30 20:29:39 UTC
Yes, lots of them don't want the 14th amendment. They have racist/ethnocentric land ownership laws that contradict the 14th amendment, the same one that creates birthright citizenship.
There are also allegedly some low quasi-government tribal positions in remote areas where women are effectively ineligible for office, though this one is less provable, it also would not be consistent with constitutional protections.
arjie · 2026-06-30 20:36:36 UTC
So many historical curiosities in this whole thing. Hawaii vs Puerto Rico, for instance, the latter having more people but not a state. I imagine we put up with the Samoan rules because we wanted the strategic base. My own citizenship rests on the fact that other territories have been included into birthright citizenship by statute.
mothballed · 2026-06-30 20:52:34 UTC
Hawaii also bizarrely has 14th amendment violating land laws. There is a non-Indian-reservation, state owned land called the "Hawaiian Homelands" where only those of "the blood" of the right people can lease from. This violates the 14th amendment (SCOTUS has ruled Indians are exempted, but Hawaiians were determined in Rice v Cayetano to not be Indians) protections on equal protection under the law of different races to enjoyment of the public lands. No one has bothered to challenge it yet, but I expect especially under this SCOTUS the Homelands will get steamrolled if they do.
Hawaii's 14th and 15th amendment violating laws have slowly been getting flushed out. In ~2000 non "native" local voters could finally vote for all offices (RBG dissented, vouching for racist voting laws and against the 15th amendment), and IIRC not long after that it became possible for those with the wrong "blood" to hold all offices.
fmobus · 2026-06-30 15:46:41 UTC
The jurisdiction clause is there because of diplomats. It's a common thing in other Jus Solis countries, for good reason.
ventana · 2026-06-30 15:50:03 UTC
And so we have the whole bench of 9 people guessing and discussing the intention of the lawmakers. Did they indeed mean diplomats when they wrote "subject of the jurisdiction thereof"? If a Martian lands on the US soil and gives birth, will the offspring immediately be "subject of the jurisdiction thereof"? What was the common meaning of the word "jurisdiction" in 1868? This kind of stuff.
fmobus · 2026-06-30 17:21:39 UTC
Citizenship means having political rights. If it's decided at some point that a martian may have political rights...then yes, as it stands, their offspring would have citizenship upon birth/ejection/hatching/transmogrification or whatever means of reproduction they use.
This is really no different than if we decided that a dolphin or a naked mole rat are able to hold political rights. If an understanding that this is possible emerges, then as a logical consequence any dolphin or naked mole rat born in US jurisdiction would be a citizen.
ventana · 2026-06-30 17:51:38 UTC
You are surely oversimplifying it. The amendment clearly says "born or naturalized"; can hatching or transmogrification be considered a birth? We need to look at the original meaning of the word "born" in 1868.
Also, it does not say anything about having political rights, just about being a "person", which will surely start a separate debate :)
fmobus · 2026-06-30 18:04:57 UTC
I look forward to reading the SCOTUS opinions on "US vs Chnr'xu@jjjjjj".
ycdeebs · 2026-06-30 17:25:06 UTC
If they meant simply “diplomats”, why didn’t they just say “other than diplomats”?
Maybe that’s what they meant, and maybe it’s not.
One thing is sure: depending on which side you are on, it’s “obvious” that it means whatever supports your side.
cguess · 2026-06-30 20:44:32 UTC
If you read Roberts's opinion he literally explains the definition of jurisdiction as it stood when the amendment was drafted (he cites three different dictionaries) and cites floor arguments directly from the Congressional record. It's not long, takes about 15 minutes to get through.
The rest of the documents are the concurrences (Jackson) and the three, frankly insane, dissents. Thomas's is 90 pages long somehow (I couldn't get through all that one, it's properly crazy).
arpinum · 2026-06-30 16:08:47 UTC
The debate is whether the USA is a Jus Soli (no s) country.
Roberts claims Jus Soli applies to the USA by looking at historical concept of the words in the constitution and the king's obligations to those on his soil. He cites historical statements by founders.
Thomas and Gorsuch rejects Jus Soli applies since it is a concept from feudal lords and serfdom which the USA did not inherit. The cite historical statements by founders.
Kavanaugh thinks congress gets to decide the meaning (within reason), so he rejects Jus Soli as well.
Jackson worries about backsliding and using this to oppress people, unsure about her legal reasoning, but seems to guess at how authors of the amendment understood the words. I would still classify her as saying USA did not inherit Jus Soli, but later codified it via amendment.
rayiner · 2026-06-30 16:22:11 UTC
This is a great summary! This is a case where all the opinions are quite good. I quite like Jackson’s opinion here. The framers of the 14th amendment were radical egalitarians and we shouldn’t lose sight of that.
solid_fuel · 2026-06-30 21:04:59 UTC
Nah, the conservative opinions in this case aren't even worth the paper they are printed on. Every single court that saw this case decided the same way: birthright citizenship was intended to work exactly as it has been applied since its inception.
cogman10 · 2026-06-30 16:48:09 UTC
I'm sorry, but it's simply insane to appeal to the founders over Jus Soli. The founders did not write the 14th amendment. Their opinions on the matter are irrelevant.
The 14th amendment grants Jus Soli. End of story. It doesn't matter if every single founder and their forefathers were opposed to that notion. The people who drafted the 14th and ratified it were in favor of Jus Soli. They were VERY explicit about that fact. There were active debates when the 14th was drafted if it should be drafted and if it should be as broad as it is.
Thomas, Gorsuch, Alito, and Kavanaugh are all hacks for going further back into history than the drafting of the 14th.
It would be like talking about what the founders thought about alcohol when discussing the 18th amendment. Nobody cares because that amendment was written long after the founders died.
arpinum · 2026-06-30 17:04:21 UTC
> The 14th amendment grants Jus Soli. End of story.
But it isn't the end, it then qualifies who gets Jus Soli. And that is the debate.
> The people who drafted the 14th and ratified it were in favor of Jus Soli
Thomas cites Sen. Howard and Sen. Trumbull statements in support of the claim that the 14th amendment ratifiers did not intend to grant universal Jus Solis. Is he a liar?
> ... and Kavanaugh are all hacks for going further back into history than the drafting of the 14th
Kavanaugh doesn't go back further into history, it seems like you didn't read the opinion. He spends very little time on the constitutional question.
cogman10 · 2026-06-30 17:15:32 UTC
> Is he a liar?
Yes, he's quote mining to try and argue that there was some sort of confusion about the implications of the amendment. This was part of the debate about the amendment and whether or not it should be reworded. In other words, Howard and Trumbull were raising the very issues with the text that Thomas wants to take issue with.
That discussion was one which shows that the implications of the text were understood and accepted as a result of debate. It cuts against Thomas's actual argument.
Thomas is a liar. Or at very least a dishonest in his characterization.
fmobus · 2026-06-30 17:11:53 UTC
So what's Thomas's point then? Do they mean to say that jurisdiction attached to soil is a feudal concept? Wtf? What IS the US jurisdiction then? Is no one under jurisdiction because there are no feudal lords obliged to serfs? What a load of nonsense.
rayiner · 2026-06-30 16:12:50 UTC
Maybe you’re right that “subject to the jurisdiction” excludes children of ambassadors but includes children of illegal immigrants, but how do we know that? That’s hardly apparent from the text of the 14th amendment.
You’re saying we need to look to the international meaning of some Latin phrase (“jus soli”). That sounds like a bunch of work, doesn’t it? Maybe we can do the work and come up with a correct answer, but the question is hardly as simple as people are making it out to be.
HDThoreaun · 2026-06-30 16:26:49 UTC
Read Jackson’s opinion. The amendment was debated at the time and the history records show that at minimum it was intended to include all people living here who didn’t have permission to not follow laws like diplomats or invaders.
rayiner · 2026-06-30 16:31:53 UTC
> who didn’t have permission to not follow laws like diplomats or invaders.
That doesn’t quite work, because diplomats and invaders do have to follow US laws and can be tried in U.S. courts. In Ex Parte Quirin, for example, nobody doubted that German saboteurs on U.S. soil could be prosecuted in civilian courts. And while diplomats have immunities in certain areas, they can be sued under U.S. law in U.S. courts for commercial activities conducted in the U.S.
If “subject to the jurisdiction” means the U.S. has some sort of jurisdiction over a foreign national, then children of ambassadors and foreign soldiers would have birthright citizenship. So there must be an additional step or wrinkle to get from the word “jurisdiction” to the exceptions that are recognized.
HDThoreaun · 2026-06-30 16:50:53 UTC
German saboteurs on us soil are certainly subject to us jurisdiction. If they had kids while here the kids would be citizens according to the 14th. Wong Kim talks of invaders who are working under a different set of laws because they’re part of a military invasion, not a clandestine operation. They can’t be tried because there is no American presence on the invaded territory. I think you’re stretching the definition of jurisdiction with the diplomat stuff. Sure they’re expected to follow laws, but with only a few exceptions if they break laws they just got sent home, not imprisoned. They’re not really subject to our jurisdiction. Being able to withdraw our invitation isn’t the same as having jurisdiction.
wang_li · 2026-06-30 17:31:37 UTC
Illegal immigrants are also working under a different set of laws because they are citizens of another country. Ask yourself this: where would an illegal immigrant apply for a passport? Just like an invading army, citizens of other countries are obligated to follow the laws of the countries where they have citizenship in addition to any laws that may be imposed on them by being present in the US.
rayiner · 2026-06-30 17:49:42 UTC
> Wong Kim talks of invaders who are working under a different set of laws because they’re part of a military invasion, not a clandestine operation. They can’t be tried because there is no American presence on the invaded territory.
Whether the U.S. has jurisdiction over territory has nothing to do with whether it can enforce its jurisdiction as a practical matter. If someone blew up a court in a particular district, that would not mean that the court, as a legal entity, ceased to have jurisdiction. By your reasoning, if Mexico invades Texas, children of Mexican servicemen born on U.S. soil would qualify as U.S. citizens. I don't think that's correct.
> I think you’re stretching the definition of jurisdiction with the diplomat stuff. Sure they’re expected to follow laws, but with only a few exceptions if they break laws they just got sent home, not imprisoned.
Being immune from prosecution is different from not being subject to the law. Diplomats are subject to the laws just like anyone else. They have immunity from prosecution for crimes. But the U.S. can request the immunity be revoked, and if that happens, they can be prosecuted for crimes that occurred while the had immunity.
And diplomats can be sued in civil cases in U.S. courts for their commercial activities. They are very much subject to the jurisdiction of U.S. courts, even if we can't always prosecute them for crimes.
defen · 2026-06-30 18:07:02 UTC
"US jurisdiction" also includes foreign heads of state residing in, and present in, their own country. I don't think a theoretical definition of jurisdiction is tenable; only a realist one.
fmobus · 2026-06-30 16:56:54 UTC
We know that because jurisdiction is such a fundamental concept that it needs no further specification. It's fundamental to any system of laws, if a jurisdiction is not defined, the system of laws is useless. Running a legal system without a jurisdiction is like running computer code without memory space.
The US legal system defined everyone in its soil to be under its jurisdiction, _except diplomats_, because of diplomatoc norms.
If an illegal immigrant kills a person while in the US, they get tried according to US law. If a diplomat kills a person in the US, they do not get tried because the US has no jurisdiction over that diplomat.
> You’re saying we need to look to the international meaning of some Latin phrase (“jus soli”).
Discussion of law discussion that uses comparison with international standards is quite common in every legal system. The sentence regarding the murder of a relative of mine had citations of Italian law, German law, some Spanish doctrine. It was also peppered with Latin terms and expressions, because Roman law had quite an influence in all Western legal systems.
So yeah, sometimes discussions of law can be complicated. This one... Ain't.
stvltvs · 2026-06-30 17:18:07 UTC
Correct me if I'm wrong, but jurisdiction can be summarized as whoever is subject to the law and the rule of the courts.
fmobus · 2026-06-30 17:37:57 UTC
Yes that's my position.
A person who is not under jurisdiction (e.g., putatively, the illegal immigrants), cannot be prosecuted.
rayiner · 2026-06-30 17:38:25 UTC
Everyone on U.S. soil is subject to the law and rule of the courts to some extent, including diplomats. Diplomats are immune to prosecution for crimes, but that's different than being outside the jurisdiction of U.S. laws.
For example, in 2013 several Russian diplomats were indicted for Medicaid fraud: https://abcnews.com/US/russian-diplomats-scammed-medicaid-15.... They had diplomatic immunity, so the U.S. had to get the Russian government to waive the diplomatic immunity. But if Russia waived the immunity, the prosecution could proceed even though the diplomats had diplomatic immunity at the time the crime was committed.
Moreover, diplomats are subject to civil liability for commercial activities beyond their office: https://www.law.cornell.edu/wex/diplomatic_immunity. Diplomatic immunity doesn't protect them from suits in U.S. courts related to such activities.
So reading "subject to the jurisdiction thereof" to mean "subject to the law and the rule of the courts" proves too much. The U.S. and its courts have some level of jurisdiction over everyone and everything on U.S. soil. So that makes the phrase "born or naturalized in the United States, and subject to the jurisdiction thereof" redundant--the words "subject to the jurisdiction" aren't doing any work that the phrase "in the United States" isn't already doing.
fmobus · 2026-06-30 17:57:13 UTC
A child of recognized foreign diplomat, if born in US soil, however, is not a US citizen at birth. And if they try to claim that later in life, it will be denied.
This has always been like that. All jus soli countries do it.
rayiner · 2026-06-30 18:18:08 UTC
Correct. Children of diplomats born on U.S. soil aren’t covered by the 14th amendment, even though they are subject to U.S. law and can be sued in U.S. courts over many things notwithstanding diplomatic immunity.
IAmBroom · 2026-06-30 19:33:09 UTC
Family of diplomats are accorded the same immunity as the diplomats themselves.
rayiner · 2026-06-30 17:25:01 UTC
> If an illegal immigrant kills a person while in the US, they get tried according to US law. If a diplomat kills a person in the US, they do not get tried because the US has no jurisdiction over that diplomat.
Diplomats have diplomatic immunity, which is not the same thing as jurisdiction. For example, diplomatic immunity doesn't extend to a diplomat's commercial activities: https://www.law.cornell.edu/wex/diplomatic_immunity. So if a diplomat sells you fake Hermes bags passing them off as the real thing, you can sue them in a U.S. court. And the U.S. court will have jurisdiction.
> Discussion of law discussion that uses comparison with international standards is quite common in every legal system... So yeah, sometimes discussions of law can be complicated. This one... Ain't.
We have to look to international standards concerning latin phrases to understand what Americans meant by the phrase "subject to the jurisdiction," but that isn't "complicated?" If you say so.
fmobus · 2026-06-30 17:37:03 UTC
> We have to look to international standards concerning latin phrases to understand what Americans meant by the phrase "subject to the jurisdiction," but that isn't "complicated?" If you say so.
It really isn't, it's literally what lawyers do for a living.
cguess · 2026-06-30 20:51:01 UTC
People just need to read the decision, this is specifically discussed...
wang_li · 2026-06-30 17:21:25 UTC
Diplomats are subject to the jurisdiction of the US, that's why we have immunity agreements and we can order them out of the country. We also don't recognize the children of invading armies as citizens. Native Americans don't automatically get citizenship from the constitution. They get it from an act of congress in 1924.
fmobus · 2026-06-30 17:33:00 UTC
They are not subject to jurisdiction, where the hell did you get that idea? If a diplomat does something that would be a crime in the US, they are _asked_ to leave via diplomatic channels. They usually leave on their own. If they were under US jurisdiction, they could be TRIED in the US, but that basically never happens. The only few exceptions you will find to this were either cases where a) the person was not really immune to begin with b) their country waived the immunity or c) the immunity lapsed because the person did not leave the country in a reasonable timeframe after being asked to
wang_li · 2026-06-30 17:43:08 UTC
If a diplomat is going on a shooting spree they can be shot and killed with no ensuing issues as a result of US law enforcement enforcing laws in the moment. If they are robbing a seven-eleven they can be arrested and held until arraignment. They can be ordered to remain in their home, aka house arrest. They can be ordered to leave and they have no option to remain in the country. The US constitution does not grant diplomats immunity it is something we have agreed to via treaty and law. They are 100% subject to our laws, that's why our law granting them immunity applies.
IAmBroom · 2026-06-30 19:04:11 UTC
That flies in the face of what I understand is true about diplomatic immunity. Citation required.
As a less extreme example, diplomats can and DO park their vehicles illegally: in No Parking zones, Handicap Only zones, and blocking fire hydrants. Diplomat plates render the police unable to ticket them. It's civil not criminal courts, but for the exact reason that they are immune to our laws.
wang_li · 2026-06-30 19:19:33 UTC
A diplomatic vehicle that is a safety hazard can be towed. A city/state cannot enforce any fines, but they can definitely clear any safety or traffic related issues.
I would start with Vienna Convention on Diplomatic Relations and go from there.
Second, diplomatic immunity doesn’t mean you’re not subject to the laws, it means you can’t be prosecuted for violating it. If diplomats commit crimes, the government can seek revocation of the immunity. If that happens, they can be prosecuted for crimes they committed while under immunity. That wouldn’t be possible if the diplomats were outside the jurisdiction of U.S. laws while they had immunity. Then, there would have been no crime at all, and nothing to prosecute.
There’s also the fact that immunity is about international norms and courtesy, while jurisdiction is about power. The U.S. precludes suits against diplomats as a matter of courtesy, but has the power to prosecute them if it chose to do so. By contrast, the U.S. lacks jurisdiction over Germans on German soil because it couldn’t enact laws regulating them even if it chose to do so.
rayiner · 2026-06-30 18:56:21 UTC
> b) their country waived the immunity or c) the immunity lapsed because the person did not leave the country in a reasonable timeframe after being asked to
Those examples show the difference between immunity and jurisdiction and prove the opposite of your point.
A diplomat is always subject to U.S. laws. That’s why, in your examples, they can be prosecuted for something they did while they had immunity. If the U.S. lacked jurisdiction—the power to apply its laws—over diplomats, that wouldn’t be true. The immunity would mean that no crime was committed, so there would be nothing to prosecute later.
Diplomatic immunity isn’t about jurisdiction, it’s about courtesy and norms. The U.S. always has the power (jurisdiction) to apply its laws to diplomats, it’s just that it chooses not to do so under certain circumstances.
HDThoreaun · 2026-06-30 16:23:56 UTC
No it really isn’t. Immigrants are clearly subject to the jurisdiction of the United States. As Wong Kim stated the only way not to be is if the government has given you permission to be here without being under jurisdiction like a diplomat or if you’re part of an invading force. Every other person in the us is expected to follow us laws. Just because they don’t doesn’t mean the us doesn’t have jurisdiction.
ventana · 2026-06-30 16:38:35 UTC
Were you so sure yesterday that the Court would decide the way it did? I'm sure that with a different set of justices, the result could've been different.
A "clear" law would likely not result in a 6:3 vote. There are enough cases in the Supreme Court that get 9:0, those can probably be called "clear".
HDThoreaun · 2026-06-30 16:44:51 UTC
I was sure that Thomas would come up with some bullshit that is completely divorced from the text and history of the constitution. The other 3 doing the same is a disappointment but not a huge surprise.
The problem is that there’s accepted exceptions to birthright citizenship that aren’t apparent from the wording of the constitution. For example, everyone agrees children of ambassadors are not citizens at birth. Where does that exception come from? It doesn’t say anything about diplomats in the 14th amendment. It seems to come from the requirement that children be “subject to the jurisdiction” of the US at birth. But what does that mean? Jurisdiction is a broad concept that means different things in different contexts.
Windchaser · 2026-06-30 15:56:10 UTC
I mean, aren't diplomats immune to US laws? Literal "diplomatic immunity".
It makes sense to me to say that they do not fall under US laws and US jurisdiction, and their children likewise.
rayiner · 2026-06-30 16:03:13 UTC
Diplomats have some immunities but are not categorically outside the jurisdiction of US laws. For example, they can be sued for “commercial activity” outside the scope of their duties. If a diplomat sells you fake Hermes bags passing them off as real, you can sue them under civil law.
cogman10 · 2026-06-30 16:33:53 UTC
That exception comes from the fact that, I'm guessing, no diplomat or their children have sued over it.
If they have, I'd love to see exactly where a prior SC decided that it's constitutional.
If you are an originalist, textualist, or even just standard jurisprudence believer then it's crystal clear what the 14th meant. The only reason for any question about it is because a large portion of people hate the fact that someone can get citizenship by being born here.
The dissents violate the supposed judicial theory of these justices. It shows naked partisanship.
rayiner · 2026-06-30 16:44:34 UTC
So what does “subject to the jurisdiction” mean, from a textualist standpoint? The word “jurisdiction” in the law can have different meanings in different contexts. What does it mean here?
cogman10 · 2026-06-30 16:55:12 UTC
> All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Notice the "and" clause before the "subject to the jurisdiction". It means "everyone who is born in the united states and additionally everyone who is subject to a US jurisdiction". It's the clause which allows people born on US military bases to also be citizens of the US because that's a jurisdiction of the US. For example, Ted Cruz. It does not mean "Who are also"
And since this is a clause which additionally adds on people it's talking about, you could exclude it all together. "All persons born or naturalized in the United States ... are citizens of the United States".
rayiner · 2026-06-30 17:55:26 UTC
No, the "and" functions the same way as in programming: "(born or naturalized in the U.S.) && (subject to the jurisdiction thereof)" requires both things to be true.
cogman10 · 2026-06-30 18:10:23 UTC
Not according to the supreme court any time this has come up.
rayiner · 2026-06-30 18:19:46 UTC
That’s how the Supreme Court always interprets “and” in a list of conditions.
cogman10 · 2026-06-30 18:35:48 UTC
No it's not. And, as a prime example, this case which the supreme court does not and did not take that view. It's not even something the dissent argued. This is your own personal interpretation.
rayiner · 2026-06-30 19:07:54 UTC
No, it’s the opposite. In this case, everyone agreed that the “and” means both conditions must hold. Everyone agrees that someone must be both (1) born in the US and (2) subject to the jurisdiction of the U.S.
Under your reading, the whole discussion about children of diplomats makes no sense. Under your reading, children of diplomats would automatically be U.S. citizens if born on U.S. soil. But everyone agrees that they’re not.
IAmBroom · 2026-06-30 18:58:03 UTC
> If anything we need to expand it to include anyone who gives birth in this country.
???
That's exactly what this ruling affirms; no expansion necessary: it already included "anyone who gives birth in this country".
ryandrake · 2026-06-30 15:09:03 UTC
5-4 though, yikes! This shouldn't have even been close. With an impassioned 91 page dissent by Thomas. What a chode.
Comments
https://www.supremecourt.gov/opinions/25pdf/25-365_4hdj.pdf
News:
https://apnews.com/article/supreme-court-birthright-citizens...
https://www.theguardian.com/us-news/2026/jun/30/us-supreme-c...
https://www.axios.com/2026/06/30/scotus-rejects-trumps-birth...
https://www.reuters.com/legal/government/supreme-court-rule-...
https://www.scotusblog.com/2026/06/supreme-court-strikes-dow...
Related:
Protecting the Meaning and Value of American Citizenship - https://news.ycombinator.com/item?id=42776131 - January 2025 (34 comments)
He got dang close. He's only one justice replacement away from making it doable.
Gods, we are not as far from ripping up the Constitution as we'd like to think.
If only because this would open up people born here to having their citizenship retroactively revoked.
The constitution is pretty clear. If you don't like it amend it.
If anything we need to expand it to include anyone who gives birth in this country. If you're willing to deal with our horrible maternity care system and help keep up our declining population, you deserve a blue passport.
Our what?
The nuance is ~71% of the world’s population now lives in countries with birth rates below the replacement level needed to maintain population size. US working age population cohort has likely peaked. The future of the developed world is fighting over global skilled workers and young potential immigrants who would settle and start families in your jurisdiction.
Is the U.S. Labor Force Nearing Its Peak? - https://news.ycombinator.com/item?id=48726615 - June 2026
The Fertility Rate of Every Country in the World - https://www.visualcapitalist.com/fertility-rate-of-world-pop... - May 17th, 2026
U.S. Total Fertility Rate by State 2007 vs 2025 - https://old.reddit.com/r/dataisbeautiful/comments/1qt22ka/oc... - February 2026
The demographic future of humanity: facts and consequences [pdf] - https://news.ycombinator.com/item?id=44866621 - August 2025 (400 comments)
Our World In Data: Population tool: How will populations across the world change in the 21st century? - https://ourworldindata.org/population-simulation-tool
("demography is destiny")
The US fertility rate is already 1.6 births per woman[0], and the population is only not decreasing because it still receives far more immigration than, say, Japan or South Korea.
[0]: https://www.cdc.gov/nchs/data/vsrr/vsrr038.pdf
[1]: https://en.wikipedia.org/wiki/List_of_countries_by_total_fer...
And, I mean, it's obviously hard to predict beyond that, but it doesn't seem like anyone has any real clear answer to the trend of steadily decreasing TFR right now.
This is an observation and not a judgement. Take what you will with this information.
It is not just an American problem. It is slowly changing, at least here in the UK: I see a lot more dads taking kids around these days. I have still found people were surprised that my daughter lived with me rather than her mother after divorce though.
I think this is good; insofar as women have children, it should be because they want to, not because they're pushed into it.
I'll say - it also wouldn't kill us to have slightly fewer people on the planet. We're already taxing much of our systems/ecosystems past their breaking points. Smarter people than me, entire groups of scientists, are saying that what we're doing now is badly unsustainable and we're heading for trouble.
Parts of the world have reached 1.0 kids per woman, which is a halving of the population per generation, which will put a massive strain on our resources
True, but again, scientists are saying that we're already putting massive strain on our ecological resources, and the strain is only increasing. Not just climate change, but ocean acidification, modification of biogeochemical balances, habitat destruction, etc.
We are at genuine risk of accidentally wrecking the ecosystems we depend on.
https://www.science.org/doi/10.1126/sciadv.adh2458
Teen birth rates hit another historical low in 2025, CDC says - https://www.npr.org/2026/04/09/nx-s1-5777587/teen-birth-rate... - April 9th, 2026
No, that's not how laws work
Applying laws retroactively is much less common than a "simple" rule change
The executive order that prompted this was only aimed at babies born after it went into effect, but I see no reason it would have to be that way.
But statistically America lags behind most other nations of similar development levels.
https://en.wikipedia.org/wiki/List_of_countries_by_maternal_...
Not to mention the lack of maternity leave or real worker protections. A family member was fired for taking off time during a pregnancy. Everyone's fine now, but she definitely had a rough patch.
A big part of this comes down to the lack of any real safety net here.
Just look at the second amendment:
The "well regulated militia" phrase caused at least two very different opinions: United States v. Miller [1] in 1939 and District of Columbia v. Heller [2] in 2008, with very different results.Just as the second amendment has this "militia" phrase that provokes arguments, the fourteenth amendment starts with
and the phrase "and subject to the jurisdiction thereof" is vague enough to trigger discussions about whether it applies to illegal immigrants or not.Natural language is just bad in expressing rules.
[1]: https://en.wikipedia.org/wiki/United_States_v._Miller#Decisi...
[2]: https://en.wikipedia.org/wiki/District_of_Columbia_v._Heller...
Yet you rarely find anyone giving a shit about the American Samoans, you never hear about it.
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>American Samoans aren't citizens because American Samoa is a territory, not a state. Puerto Rico has a special status that was extended to it to grant its residents citizenship – this isn't a status that's automatically granted to all territories, it requires Federal approval which AS has never formally pushed for.
Unless you falsely believe PR or AS are not part of the United States, you are just agreeing with me with extra words regarding the jurisdictional differences. The only option for denying birthright citizenship would be not born in United States, or not subject to jurisdiction thereof.
See this excellent prior comment[] on why the difference between PR and AS is jurisdiction and not whether it is part of the US.
>This seems entirely subjective.
I'm not going to do a formal academic study with you, it's plainly obvious as of late you see far more headlines on hackernews (a search shows a single HN topic on AS citizenship in the history of HN, but full page+ of search results on the birthright citizenship issue at hand) and elsewhere regarding the birthright citizenship issue at hand and far more rarely the fact American Samoans don't get it.
[] https://news.ycombinator.com/item?id=16700413
> Yet you rarely find anyone giving a shit about the American Samoans, you never hear about it.
This seems entirely subjective.
There are also allegedly some low quasi-government tribal positions in remote areas where women are effectively ineligible for office, though this one is less provable, it also would not be consistent with constitutional protections.
Hawaii's 14th and 15th amendment violating laws have slowly been getting flushed out. In ~2000 non "native" local voters could finally vote for all offices (RBG dissented, vouching for racist voting laws and against the 15th amendment), and IIRC not long after that it became possible for those with the wrong "blood" to hold all offices.
This is really no different than if we decided that a dolphin or a naked mole rat are able to hold political rights. If an understanding that this is possible emerges, then as a logical consequence any dolphin or naked mole rat born in US jurisdiction would be a citizen.
Also, it does not say anything about having political rights, just about being a "person", which will surely start a separate debate :)
Maybe that’s what they meant, and maybe it’s not.
One thing is sure: depending on which side you are on, it’s “obvious” that it means whatever supports your side.
The rest of the documents are the concurrences (Jackson) and the three, frankly insane, dissents. Thomas's is 90 pages long somehow (I couldn't get through all that one, it's properly crazy).
Roberts claims Jus Soli applies to the USA by looking at historical concept of the words in the constitution and the king's obligations to those on his soil. He cites historical statements by founders.
Thomas and Gorsuch rejects Jus Soli applies since it is a concept from feudal lords and serfdom which the USA did not inherit. The cite historical statements by founders.
Kavanaugh thinks congress gets to decide the meaning (within reason), so he rejects Jus Soli as well.
Jackson worries about backsliding and using this to oppress people, unsure about her legal reasoning, but seems to guess at how authors of the amendment understood the words. I would still classify her as saying USA did not inherit Jus Soli, but later codified it via amendment.
The 14th amendment grants Jus Soli. End of story. It doesn't matter if every single founder and their forefathers were opposed to that notion. The people who drafted the 14th and ratified it were in favor of Jus Soli. They were VERY explicit about that fact. There were active debates when the 14th was drafted if it should be drafted and if it should be as broad as it is.
Thomas, Gorsuch, Alito, and Kavanaugh are all hacks for going further back into history than the drafting of the 14th.
It would be like talking about what the founders thought about alcohol when discussing the 18th amendment. Nobody cares because that amendment was written long after the founders died.
But it isn't the end, it then qualifies who gets Jus Soli. And that is the debate.
> The people who drafted the 14th and ratified it were in favor of Jus Soli
Thomas cites Sen. Howard and Sen. Trumbull statements in support of the claim that the 14th amendment ratifiers did not intend to grant universal Jus Solis. Is he a liar?
> ... and Kavanaugh are all hacks for going further back into history than the drafting of the 14th
Kavanaugh doesn't go back further into history, it seems like you didn't read the opinion. He spends very little time on the constitutional question.
Yes, he's quote mining to try and argue that there was some sort of confusion about the implications of the amendment. This was part of the debate about the amendment and whether or not it should be reworded. In other words, Howard and Trumbull were raising the very issues with the text that Thomas wants to take issue with.
That discussion was one which shows that the implications of the text were understood and accepted as a result of debate. It cuts against Thomas's actual argument.
Thomas is a liar. Or at very least a dishonest in his characterization.
You’re saying we need to look to the international meaning of some Latin phrase (“jus soli”). That sounds like a bunch of work, doesn’t it? Maybe we can do the work and come up with a correct answer, but the question is hardly as simple as people are making it out to be.
That doesn’t quite work, because diplomats and invaders do have to follow US laws and can be tried in U.S. courts. In Ex Parte Quirin, for example, nobody doubted that German saboteurs on U.S. soil could be prosecuted in civilian courts. And while diplomats have immunities in certain areas, they can be sued under U.S. law in U.S. courts for commercial activities conducted in the U.S.
If “subject to the jurisdiction” means the U.S. has some sort of jurisdiction over a foreign national, then children of ambassadors and foreign soldiers would have birthright citizenship. So there must be an additional step or wrinkle to get from the word “jurisdiction” to the exceptions that are recognized.
Whether the U.S. has jurisdiction over territory has nothing to do with whether it can enforce its jurisdiction as a practical matter. If someone blew up a court in a particular district, that would not mean that the court, as a legal entity, ceased to have jurisdiction. By your reasoning, if Mexico invades Texas, children of Mexican servicemen born on U.S. soil would qualify as U.S. citizens. I don't think that's correct.
> I think you’re stretching the definition of jurisdiction with the diplomat stuff. Sure they’re expected to follow laws, but with only a few exceptions if they break laws they just got sent home, not imprisoned.
Being immune from prosecution is different from not being subject to the law. Diplomats are subject to the laws just like anyone else. They have immunity from prosecution for crimes. But the U.S. can request the immunity be revoked, and if that happens, they can be prosecuted for crimes that occurred while the had immunity.
And diplomats can be sued in civil cases in U.S. courts for their commercial activities. They are very much subject to the jurisdiction of U.S. courts, even if we can't always prosecute them for crimes.
The US legal system defined everyone in its soil to be under its jurisdiction, _except diplomats_, because of diplomatoc norms.
If an illegal immigrant kills a person while in the US, they get tried according to US law. If a diplomat kills a person in the US, they do not get tried because the US has no jurisdiction over that diplomat.
> You’re saying we need to look to the international meaning of some Latin phrase (“jus soli”).
Discussion of law discussion that uses comparison with international standards is quite common in every legal system. The sentence regarding the murder of a relative of mine had citations of Italian law, German law, some Spanish doctrine. It was also peppered with Latin terms and expressions, because Roman law had quite an influence in all Western legal systems.
So yeah, sometimes discussions of law can be complicated. This one... Ain't.
A person who is not under jurisdiction (e.g., putatively, the illegal immigrants), cannot be prosecuted.
For example, in 2013 several Russian diplomats were indicted for Medicaid fraud: https://abcnews.com/US/russian-diplomats-scammed-medicaid-15.... They had diplomatic immunity, so the U.S. had to get the Russian government to waive the diplomatic immunity. But if Russia waived the immunity, the prosecution could proceed even though the diplomats had diplomatic immunity at the time the crime was committed.
Moreover, diplomats are subject to civil liability for commercial activities beyond their office: https://www.law.cornell.edu/wex/diplomatic_immunity. Diplomatic immunity doesn't protect them from suits in U.S. courts related to such activities.
So reading "subject to the jurisdiction thereof" to mean "subject to the law and the rule of the courts" proves too much. The U.S. and its courts have some level of jurisdiction over everyone and everything on U.S. soil. So that makes the phrase "born or naturalized in the United States, and subject to the jurisdiction thereof" redundant--the words "subject to the jurisdiction" aren't doing any work that the phrase "in the United States" isn't already doing.
This has always been like that. All jus soli countries do it.
Diplomats have diplomatic immunity, which is not the same thing as jurisdiction. For example, diplomatic immunity doesn't extend to a diplomat's commercial activities: https://www.law.cornell.edu/wex/diplomatic_immunity. So if a diplomat sells you fake Hermes bags passing them off as the real thing, you can sue them in a U.S. court. And the U.S. court will have jurisdiction.
> Discussion of law discussion that uses comparison with international standards is quite common in every legal system... So yeah, sometimes discussions of law can be complicated. This one... Ain't.
We have to look to international standards concerning latin phrases to understand what Americans meant by the phrase "subject to the jurisdiction," but that isn't "complicated?" If you say so.
It really isn't, it's literally what lawyers do for a living.
As a less extreme example, diplomats can and DO park their vehicles illegally: in No Parking zones, Handicap Only zones, and blocking fire hydrants. Diplomat plates render the police unable to ticket them. It's civil not criminal courts, but for the exact reason that they are immune to our laws.
I would start with Vienna Convention on Diplomatic Relations and go from there.
Second, diplomatic immunity doesn’t mean you’re not subject to the laws, it means you can’t be prosecuted for violating it. If diplomats commit crimes, the government can seek revocation of the immunity. If that happens, they can be prosecuted for crimes they committed while under immunity. That wouldn’t be possible if the diplomats were outside the jurisdiction of U.S. laws while they had immunity. Then, there would have been no crime at all, and nothing to prosecute.
There’s also the fact that immunity is about international norms and courtesy, while jurisdiction is about power. The U.S. precludes suits against diplomats as a matter of courtesy, but has the power to prosecute them if it chose to do so. By contrast, the U.S. lacks jurisdiction over Germans on German soil because it couldn’t enact laws regulating them even if it chose to do so.
Those examples show the difference between immunity and jurisdiction and prove the opposite of your point.
A diplomat is always subject to U.S. laws. That’s why, in your examples, they can be prosecuted for something they did while they had immunity. If the U.S. lacked jurisdiction—the power to apply its laws—over diplomats, that wouldn’t be true. The immunity would mean that no crime was committed, so there would be nothing to prosecute later.
Diplomatic immunity isn’t about jurisdiction, it’s about courtesy and norms. The U.S. always has the power (jurisdiction) to apply its laws to diplomats, it’s just that it chooses not to do so under certain circumstances.
A "clear" law would likely not result in a 6:3 vote. There are enough cases in the Supreme Court that get 9:0, those can probably be called "clear".
It’s really not, as the opinion in this case shows: https://www.supremecourt.gov/opinions/25pdf/25-365_4hdj.pdf
The problem is that there’s accepted exceptions to birthright citizenship that aren’t apparent from the wording of the constitution. For example, everyone agrees children of ambassadors are not citizens at birth. Where does that exception come from? It doesn’t say anything about diplomats in the 14th amendment. It seems to come from the requirement that children be “subject to the jurisdiction” of the US at birth. But what does that mean? Jurisdiction is a broad concept that means different things in different contexts.
It makes sense to me to say that they do not fall under US laws and US jurisdiction, and their children likewise.
If they have, I'd love to see exactly where a prior SC decided that it's constitutional.
If you are an originalist, textualist, or even just standard jurisprudence believer then it's crystal clear what the 14th meant. The only reason for any question about it is because a large portion of people hate the fact that someone can get citizenship by being born here.
The dissents violate the supposed judicial theory of these justices. It shows naked partisanship.
Notice the "and" clause before the "subject to the jurisdiction". It means "everyone who is born in the united states and additionally everyone who is subject to a US jurisdiction". It's the clause which allows people born on US military bases to also be citizens of the US because that's a jurisdiction of the US. For example, Ted Cruz. It does not mean "Who are also"
And since this is a clause which additionally adds on people it's talking about, you could exclude it all together. "All persons born or naturalized in the United States ... are citizens of the United States".
Under your reading, the whole discussion about children of diplomats makes no sense. Under your reading, children of diplomats would automatically be U.S. citizens if born on U.S. soil. But everyone agrees that they’re not.
???
That's exactly what this ruling affirms; no expansion necessary: it already included "anyone who gives birth in this country".