On June 30, 2026, Justice Ketanji Brown Jackson criticized Justice Clarence Thomas for his stance against the Supreme Court's decision to uphold birthright citizenship, claiming he echoed principles from the Dred Scott decision. In her concurrence with the majority opinion in Trump v. Barbara, Jackson stated that the 14th Amendment's citizenship clause was intended to apply to all individuals born in the United States, including children of illegal immigrants. She argued that the historical context of the amendment supports universal citizenship rights, contrasting with Thomas's view that it was specifically designed to grant citizenship to freed slaves after the Civil War.
Thomas responded by asserting that Jackson's interpretation misrepresents the historical context of the 14th Amendment. He emphasized that the amendment guarantees citizenship to individuals born and domiciled in the U.S. but does not extend this guarantee to children of foreign temporary visitors. Thomas articulated a distinction between Black Americans, who he argued are entitled to citizenship, and foreign nationals, who he believes maintain ties to their home countries and thus do not fully fall under U.S. jurisdiction.
Jackson countered Thomas's reasoning, describing it as narrow and inconsistent with the broader historical implications of the Reconstruction Amendments, which she argued were designed to promote equality and prevent racial subordination.