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Tipsheet

Vice President JD Vance Says There's a Silver Lining to the Birthright Citizenship Ruling

Vice President JD Vance Says There's a Silver Lining to the Birthright Citizenship Ruling
AP Photo/Erik S. Lesser

Vice President JD Vance argued on Tuesday that there is a silver lining on the Supreme Court ruling on birthright citizenship. 

Rather than decisively rejecting the Trump administration's arguments, the Court issued a narrow 5-4 decision. Vance contended that the close ruling suggests the prevailing interpretation of birthright citizenship is "hanging by a thread."

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"This is a very disappointing ruling from the Supreme Court. Of course, we respect it, but we also think that it was a major, major mistake," the vice president said. "As Justices Alito and Thomas pointed out, you know, one of the things that might invite, Laura, is people to come here, quite literally, on a vacation, give birth, and then all of a sudden the child and their family have the full benefits of American citizenship. It's just a preposterous ruling, and the absurdity of that outcome suggests why the Supreme Court should have went the other way."

"Now, I know a lot of conservatives, Laura, certainly the people that I'm talking to, that you're talking to, are extremely disappointed in this. I do actually think there's a really big silver lining here, and that's the simple fact that a lot of legal experts expected this case to go the wrong direction by 7-2 or even 8-1. The fact that this case was a 5-4 decision, effectively, means that the concept of birthright citizenship, which is an absurdity to the 14th Amendment, that concept is hanging by a thread," Vance said. "And so, what I take from that is, yes, we've got to fix the immigration system even more."

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"We have to be even more aware of who's coming into our country to make sure that they're not benefiting from this atrocious Supreme Court ruling," he added. "But it also means that we have to keep fighting, Laura, because we actually have an opportunity to reverse this decision, just as we've reversed so many bad decisions throughout the generations."

While conservatives have directed significant ire at the Court, it is important to recognize that conservative justices are generally reluctant to overturn major precedent. That restraint tends to erode only gradually, as the Court incrementally chips away at the underlying reasoning of prior decisions. In that sense, their hesitation serves a purpose: without it, there would be little to distinguish conservative Justices from their more openly activist liberal counterparts driven primarily by their loyalty to ideology. 

Several analysts now suggest this case could lay the groundwork for a future challenge to birthright citizenship, offering the Court a clearer pathway to revisit, and potentially overturn, the prevailing interpretation.

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