On June 30, 2026, Justice Ketanji Brown Jackson accused Justice Clarence Thomas of echoing principles from the Dred Scott decision in his opposition to the Supreme Court's ruling on birthright citizenship. In her concurrence with the majority opinion in Trump v. Barbara, Jackson argued that the 14th Amendment's citizenship clause was intended to apply to all individuals born in the U.S., including children of illegal immigrants. She stated that Thomas's interpretation suggests a return to the Dred Scott decision's core tenet, which denied citizenship based on race.
Thomas countered Jackson's claims, asserting that the 14th Amendment was ratified to guarantee citizenship to individuals born in the U.S. who were domiciled there, regardless of race. He emphasized that children of foreign temporary visitors do not qualify for citizenship as they remain tied to their home countries. Jackson criticized this view as narrow, arguing that it overlooks the broader historical context of the 14th Amendment's ratification, which aimed to reset the nation's approach to citizenship and equality following the Civil War.