214 Comments
User's avatar
Dave Begley's avatar

This birthright citizenship is a complete disaster for America. It is inexplicable to me that Roberts and ACB could find the way that they did knowing all about the Chinese birth tourism. There might be one million American "citizens" living in China. Nebraska only has 2m people.

But this gives the GOP a great election issue to fix this. Also, it might inspire Sen. Thune to force a floor vote on the SAVE Act. I want to see a real talking filibuster by the Dems on the SAVE Act.

Grieving Father's avatar

It's also an excuse for a border wall 100 feet high and for deportation of every single illegal no matter their personal sob story, especially the pregnant ones. And I'm good with that.

Matt L.'s avatar

DOJ released a memo today directing U.S. attorneys nationwide to prioritize investigations and prosecutions involving birth tourism schemes. This memo was likely pre-written in event SCOTUS ruling came down as it has. I suspect there is more hardline tactics to be announced, including ICE monitoring of hospitals known to traffic in illegal immigrant births. And other scrutiny that goes after the $ end of the anchor baby industry.

Illegal immigrate account for 1 in 7 births in these metro areas:

Los Angeles

Las Vegas

San Jose

Dallas

Houston

Newark

Atlanta

The above metro areas (California, Nevada, Texas, Georgia & New Jersey) also make up 64% of all illegal immigrant births in the US.

Homan and the administration knows all this because it’s easily found by google search. They likely have it down to the hospitals trafficking in this and how many of them bill Medicare or other federal dollars to facilitate, vs. private birth industry Benjamin’s.

Is it Constitutional to force women travelers of a certain age and nationality to submit to a pregnancy test either at port of entry or to obtain US visa at home country (US embassy), prior to travel into US? I don’t know, but that could also be in the cards

Or if not that, this same demographic having to chart out where they will reside, day-by-day while in the USA under shortened visa, at time of customs entry. When I traveled Asia in past, my hotel and dates were required for entry (China, Thailand). It can be done here in US, too.

Grieving Father's avatar

Good comment. In Los Angeles I suspect it is rather higher than 1 in 7, because the reporting can't be trusted (fudged or non-existent).

This lawyer believes it is absolutely legal for the President to deny entry to the USA based on pregnancy. Under Federal law, the President ALREADY has the power to deny ANY cognizable group the right to enter the USA for any articulable reason:

“Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

8 USC 1182(f).

Trump has repeatedly exercised this right to exclude certain classes of foreign nationals, but many of these orders have been blocked because Leftist judges have invented a new standard, claiming that Trump is motivated by racial animus. However, I think even a Leftist judge would have a very hard time blocking Trump's exercise of this exclusionary power based on pregnancy; the alternative is to announce to the world that literally any woman anywhere has the right to travel to the United States to give birth in the United States to an American citizen, which is too ludicrous to contemplate.

News flash to Leftist judges: Non-Americans outside the USA have NO RIGHT WHATSOEVER to enter the USA. We allow many to do so for a variety of reasons, all fundamentally based on our consent to their entry. Our limited permission does not equal their absolute right any more than a guest at your party thereby acquires the right to live at your house.

John Boy West's avatar

Can we decline to offer tourist visas for over a month for pregnant foreigners and immediately claim birthing centers are not part of the US? We could also say anyone who enters who is pregnant and overstays their visa has committed a crime and the family is permanently banned. The birthright citizen can return at eighteen.

Matt L.'s avatar

The US previously stopped foreign nationals from entering the US unless a negative COVID test was shown, 1 day prior to entry. SCOTUS & Congress went along. So, there is precedent to deny entry based on a health disqualification. Apply this now to a negative pregnancy test, but relax it to 10 days prior to entry. For all women 60 years of age or under. Congress won’t act to clean up birthright citizenship unless everyone feels the inconvenience and complains. So create those conditions.

Grieving Father's avatar

That is exactly correct, both as a matter of law and policy. Trump needs to make it more difficult (nay impossible) for pregnant women, or even women of child-bearing age, to enter the country. That might actually force Congress to do something useful or even kick-start a Constitutional Amendment.

Nora Kathleen Stranahan's avatar

Party and power over country and Constitution.

Kevin Trevillian's avatar

Make it apply also to those who identify as women, you know, just to be sure.

John Boy West's avatar

Agreed. However, some may be impregnated after they get here. We could do a “leftist” absurdity like declaring the delivery bed a foreign entity. Just sayin’ this can’t continue. A very clever ruse is in play in blue states and cities to fundamentally change the voting public — illegally.

Pacificus's avatar

Of course you can require (not "force") those who want to enter the US to present a negative pregnancy test. We did it for COVID, we can do it for this. Public health/public charge is the precedent.

Matt L.'s avatar

Yes. And this negative pregnancy test 10 days prior to travel to US can be called the ‘Robert’s Requirements’ in honor of our Chief Justice who lacks cojones.

ArthurKunath's avatar

Three responses

1.Ban entry of pregnant foreign women

2. Outlaw dual citizenship. Can only have one

3. Amend constitution

Grieving Father's avatar

I think banning entry of pregnant women, together with revoking of visas for women who become pregnant, is the most effective strategy (and is legal). Congress will scream, but that is the point -- if you don't like this rule, create another rule that addresses the problem.

Jan Hus's avatar

Only a Constitutional Amendment (from a flaccid & flatulent Congress) will ever begin to remedy that outrageous decision.

Grieving Father's avatar

Correct, but it will not happen (2/3 of Congress and 3/4 of States; good luck with that). So I think the remedy is to double down on the existing powers of the President, per my lengthy post above. Heck, deny ALL entry by ANYONE. Force the issue.

FLGenX's avatar

“ force the issue” yes

PapayaSF's avatar

A different Supreme Court could reverse it.

FLGenX's avatar

Unseat and replace KJB as a Biden appointee ?

Upinthehills's avatar

Not the one the left are planning.

PapayaSF's avatar

True, which is all the more reason Democrats must never get enough power to do that.

Upinthehills's avatar

They must never get a shred of power.

Nora Kathleen Stranahan's avatar

Get used to it. We are on the precipice of a political realignment not seen since 1932.

Steve G's avatar

Congress!? A gaggle of squawking cackling poultry.

FLGenX's avatar

I think Roberts and ACB are forcing this issue down and it should be. I hate this roller coaster but I have faith in what’s ultimately to come out of this.

Grieving Father's avatar

I don't think Roberts is trying to force Congress or anyone else to act. To the contrary, I think Roberts' only objective is to "protect the institutional integrity of the Court." He is deeply offended when Progressives question the politization or legitimacy of the court, and threaten court-packing. His remedy is to issue "non-political" decisons, which in reality means decisions that don't offend Progressives, so that the Progressives will stop court-bashing. An unbelievably stupid strategy, but he does it again and again.

NNTX's avatar

These are good points.

Reading the “tea leaves” of various SCOTUS justices, except kJB and “the Wise Latina” is fraught with unanticipated swerves from the quirks of legal reasoning employed by some of the justices. Roberts frequently, ACB and Gorsuch less often, Kavanaugh, Alito and Thomas infrequently.

It may be that the less “predictable” justices have a more elastic view of the law, and/or the Constitution.

The decision on Birthright citizenship is a serious wrong for our country.

FLGenX's avatar

Interesting! Maybe. Maybe I’m wrong in my hope/take so far… I mean, all of the bastards protect their position and job security so…

Andrew P's avatar

Maybe it is just Occam's Razor - Roberts and Barrett are calling it how they see it. But Roberts did make a decision here. They could have adopted the Kavanaugh approach and kept the issue alive for Congress to legislate, but Roberts apparently wanted to put the issue to bed with a Constitutional decision.

Jim M's avatar

I know exactly how you feel; I felt the same way...until I read this article today in The Free Press. I hope you give it a read; I promise I'll listen to Ben's rant in exchange (I'm confident he's having a cow right now). Y'see, if you listen to Ben closely over time you'll discover that he has a tendency to play fast and loose with the facts on occasion.

Rubenfeld's argument below is lengthy, and now, also my opinion.

It's well worth the read, especially if you pride yourself on being open-minded. It's loaded with gems.

https://www.thefp.com/p/the-greatness-of-the-constitution-birthright-citizenship-jed-rubenfeld?r=r5fv&utm_campaign=post&utm_medium=web

Grieving Father's avatar

Great take as usual, Sasha. The decision and reaction recall the truism: "If you want to make a Conservative angry, tell her a lie. If you want to make a Progressive angry, tell her the truth." Well, today Progressives are angry because SCOTUS told the truth.

Regrettably for me this decision is too late... both my kids matured at exactly the wrong time (a few yours behind your daughter), and I lost them both to the trans cult.

PKsweets's avatar

I am heartsick for you and all those children who were overtaken by the ugly cult of lies

And angry with those parents and school officials who encouraged

Enabled and abused these kids

Kathy Lux's avatar

I am so sorry. I have 3 sons and 3 grandsons. I pray every day that they will be protected from this scourge. So far, they are all about baseball and paying little attention to the noise around them, and I am so thankful for it.

Gitch's avatar

Give the kids a Tackle Box, not an Xbox! Saw that on a boat today! I want one

ScottyG's avatar

Sorry to hear that sir!

C Boyle's avatar

I’m so sorry….

Child of the 80's's avatar

I can relate. My oldest is now non-binary and holds our relationship hostage. Thinks we are the confused ones.

Informed Consent Freedom's avatar

I love hearing heartwarming stories like yours.

steven t koenig's avatar

The phrase "trans community" is the single stupidest thing to be accepted in 4000 years of human history. And we're not even embarrassed. No society so monumentally unserious can possibly survive.

Andrew P's avatar

Almost by definition - trannies cannot reproduce.

LoveIsCourage's avatar

Sterilization is one of the lesser benefits to the powers that crafted gender ideology and invested heavily in its metastasizing as a “secret”/cloaked weapon of sociopolitical destabilization.

Andrew P's avatar

It all comes from "global warming" (or climate change) ideology, which is really about the number of humans on the Earth, not the temperature. Anything that can't reproduce, such as homosexuals and transgenders, is considered good. Abortion is inherently good. Breeders are bad. Mass migration is good because it means native whites don't need to have children to produce economic growth.

Juju's avatar

That’s why they go after our kids, just like their identity they reproduce by fraud

Orenv's avatar

There are all kinds of communities.

steven t koenig's avatar

Yes, there are. But you can't have a community of something that does not exist. People who change their gender do not and cannot exist. Now, if you want to refer to them as the sexual lunatic community, that's accurate

Gitch's avatar

Lol...lunatic community! I actually pity these pawns. Madness of mutilation

taek kenn's avatar

When I came legally from a formerly Communist country and few years later, became naturalized, I was asked to swear allegiance to USA and give up any other allegiances.

But why was that necessary, if as SCOTUS says, all the illegals are already under the jurisdiction and

THEREFORE do not have any other allegiances.

They should therefore not ask any person who is being naturalized to give up other allegiances. It appears that once you step on American soil, even illegally, you have given up all previous allegiances.

Very interesting SCOTUS philosophy.

DarkSkyBest's avatar

My husband and I were watching TV this morning when it was breathlessly announced that The Supremes ruled that girls are girls. He said, “Any first grader knows that.” I upped him. Why was this even in front of The US Supreme Court, for God’s sake! And it still leaves blue states free to steal from girls.

JJoshua's avatar

Because democrats are mentally ill

NNTX's avatar

And, in some cases, plain evil.

The consequences of “trans” surgery are barbaric.

JJoshua's avatar

They sure are and it is barbaric

Brian DeLeon's avatar

Yes, exactly. I thought the Democrats were all about protecting and elevating women, but now they’re the opposite, protecting and elevating men wearing women skin-suits and pretending to be women. Insane.

Whatever happened to NOW? Betty Friedan? Gloria Steinem? The amount of brainwashing is astounding.

Andrew P's avatar

My impression is that Feminism is literally decomposing. Self-destructing right before our eyes. That self-destruction is slow, but clearly progressing. I don't fully understand why this is happening, but one possibility is Feminism didn't produce the gains and benefits its supporters expected, and has produced many costs and burdens that can't be easily overcome. Biological reality cannot be overcome by mere ideology.

LoveIsCourage's avatar

Gains? Hard to reckon the need for them or benefits at all. Plus almost everyone alive in the West today has been soaked in the social engineering influence of feminism. Basically unknowingly and without understanding its load of resentment, hatred and prejudice nor its actual history. And it has had all of these relentlessly laundered while being propagandized and protected from honest inquiry.

To be brief, let’s say you considered abortion to be murder the number killed downstream of feminism would be more than by Stalin, and Mao. I won’t put abortion in the same category as murder but feminism and communism? Let’s just say it remains to be seen which is worse as a whole.

LoveIsCourage's avatar

I have wondered if transgender ideology isn’t feminism gone to term. But leaving that aside here’s an author who helped me , a male at 62 years of age in 2022 out of my casually accumulated limitations involving feminism. And for that I am so very grateful.

https://fiamengofile.substack.com/p/valerie-solanas-feminisms-death-goddess?r=18ougb&utm_medium=ios

Jen Todd's avatar

Manchurian Candidate comes to mind. After a quick birth here in the US, paid for with our tax dollars, mom and baby return to China with US birth certificate in hand, where the baby becomes a thoroughly inculcated comrade of the Communist Party. Now an adult, he returns to the US to become President with the full support of the Democrat party.

Matt L.'s avatar

That was the ‘old way’ Jen. Did you not see Sasha’s daughter’s curriculum? If that continues in blue states then the indoctrination can occur here on our shores ;)

Jen Todd's avatar

Ha! The 'old way'. You're right. No need to be inculcated abroad when you can just send the (anchor) baby to an American school. Baby mommy can get herself a position on the school board. Mao would be kicking himself for not thinking of this sooner.

Orenv's avatar

Or send in campaign contributions from China.

Andrew P's avatar

Or even worse, a paid American surrogate gives birth using a Chinese billionaire's sperm, the baby is shipped to China a few months after birth and raised as a CCP cadre, and can then return to the US when 18 as a native born citizen. The Chinese billionaire father never sets foot in the USA, the biological mother is a native born US citizen, and the child is a fervent cadre of the Chinese Communist Party. And since he is a billionaire, he can have thousands of such children. This is actually happening.

Jen Todd's avatar

"Before far-left radicals took over the Democrat Party, their leader, Harry Reid, introduced a great bill to end birthright citizenship, ensure no illegals could abuse our system, and protect American sovereignty.” He added, “If it was good enough for Democrat leader Sen. Harry Reid, it should be good enough for all Democrats,” Senator Bernie Moreno tweeted. Moreno plans to reintroduce Reid's (D) exact bill. Never a dull moment.

https://coffeeandcovid.substack.com/p/inevitability-wednesday-july-1-2026?utm_source=share&utm_medium=android&r=qs409

Pam Humphrey's avatar

it's funny jen.........the dems don't seem as infatuated by the chinses as they are with other countries. maybe because the chinese won't automatically (except for michelle wu!) be beholden to them

Jen Todd's avatar

I think the Chinese see dems only as useful idiots.

Paul Scofield's avatar

SCOTUS seems to forget that there is nothing in the U.S. Constitution about the concept of "Judicial Review." John Marshall and Marbury v Madison (1803) is the basis of that.

Cowardice and fear must have been the animating forces behind the incomprehensible opinions of Roberts and Coney Barrett, since the text and the contemporary reasoning behind the establishment of the Fourteenth Amendment could not be more clear.

As a current sage is fond of saying, "that which cannot go on will not go on." Perhaps thinking they have cleverly defused and dodged ruling on a fundamental issue, the Supreme Court has only postponed an inevitable reckoning. It is coming.

A pox on Roberts and Coney Barrett for failing to rise to the occasion on such a profoundly important case. Given the impact on American citizenship and sovereignty, Trump v Barbara qualifies as the worst ruling in SCOTUS history.

Roger Taney must be relieved.

Richard's avatar

Barrett is owned by Roberts and he is a snake. Taney, indeed.

William C Carlson's avatar

Brilliant.

Barrett could have grasped greatness and saved America. But instead she chose mediocrity and invented a right that does not exist in the US Constitution.

reality speaks's avatar

Trump needs to immediately ban all females who are between 13 and 50 from being able to come to America unless they can provide documentation that they are not pregnant and will have to swear that they will not get pregnant while in the United States. A pregnancy will be grounds for immediate deportation. They can only avoid it by declaring that they are giving up the unborn child’s right of citizenship.

Steve's avatar

Good Luck with the Law Suits

User's avatar
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Juju's avatar

Force harsh, insane ideology on the masses and it becomes necessary for an equally harsh and insane reaction

Jen Todd's avatar

We are dealing with a party that doesn't know the definition of the word "in" or "temporary" or "woman". Of course, Bill Clinton pretended to be confused about the word "is". It's amazing how many "smart" people believe that semantics is truth.

David Poe's avatar

Why is normality called “right?”

Jen Todd's avatar

Thomas Jefferson would say, "What the fuck?".

Kennedy's avatar

Sasha, that syllabus is insane. And we wonder why our children are indoctrinated.

Cat C.'s avatar

I hope and pray that this citizenship ruling is overturned, just as Dred Scott was. It's clear from the writings of the day, that the 14th didn't mean that any baby squirted out, under any circumstance, was a U.S. citizen. Or this decision can be ignored as Pres. Jackson did. He said "Okay, the SCOTUS made their decision, now they can ENFORCE IT" (paraphrased), meaning - they have no way to enforce it!. In the meantime, if we have ZERO (or as close to that as possible) illegal aliens (who are citizens and have allegiance to THEIR country) coming into the U.S., we'll have zero illegal alien babies being born to them.

Andrew P's avatar

Just criminalize birth tourism and international surrogacy, and put foreign mothers in prison for having babies in the USA. Take the baby away and put it up for adoption in the US. Without the incentives of the current system, the amount of birth tourism will drop really fast.

Cat C.'s avatar

Good idea, although mothers in jail cells will cause the leftists to have fits. I just heard that the DHS is going to crack down on "birth tourism", and that's a good first step.

Paul Scofield's avatar

Good to read your wisdom again, Cat! I had forgotten about Jackson and his "let them enforce it" moment. So much for the little cobbler's son from Georgia getting all the credit for using it with the Pope.

Cheers!

Richard's avatar

It took a civil war and a constitutional amendment to overrule Dred Scott. We are not getting the latter and do not want the former though we may get it anyway.

Tim Hurlocker's avatar

It's easier to tell kids they need therapy or meds than the truth of responsible adulthood. That keeps them dependent and malleable, the opposite of independent, just what the totalitarians love.

Jim I's avatar

So if a non-US citizen breaks into my house solely for the purpose of delivering her baby in my house, my house is now the baby’s house, right?

Jan Hus's avatar

Hush! You may be planting a thought in Liberal minds!