Jackson criticized her fellow justice’s “ahistorical” interpretation of the 14th Amendment.

Echoing the Trump administration’s sentiments, Thomas argued in his dissent that the 14th Amendment “was designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support.”

Thomas also argued that the Civil Rights Act, which became the foundation for the 14th Amendment, had ensured citizenship to people born in the U.S. and “not subject to any foreign power.”

“The Citizenship Clause [of the 14th Amendment], which the same Congress passed shortly after the Civil Rights Act, was understood to have the same meaning,” Thomas wrote. “It guaranteed citizenship to persons who were both ‘born . . . in the United States’ and ‘subject to the jurisdiction thereof.’”

Jackson called this “ahistorical,” denying that the “text at issue conferred citizenship only on freed Blacks and those in analogous situations.”

Jackson also blamed the Trump administration and Thomas for repurposing the amendment, adding that the Civil Rights Act initially only included Black people but was later expanded to include people of all ethnic backgrounds.

  • QuantumSpecter@lemmy.world
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    1 month ago

    Justice Thomas is evil he had his newphew falsely imprisoned at hidden lake academy one of troubled teen programs and this one of old school programs based on synanon methods. bbc link

    • P1k1e@lemmy.world
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      1 month ago

      The funny thing is, given the aims he’s working towards, that’s basically where it’s all going anyway

  • gedaliyah@lemmy.worldM
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    1 month ago

    I didn’t realize that there was no constitutional right to birthright citizenship before the Civil War. TIL

    Apparently, every state had its own laws and standards about who was a citizen, although there were a few congressional acts that established a basic framework.

    It seems wild to me that we started a whole country and we didn’t even figure out who was a member of it.

    • Mirshe@lemmy.world
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      1 month ago

      American law continues to be built on “oh we forgot to make that a law” and “oh we didn’t think that would matter”.

    • VindictiveJudge@lemmy.world
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      1 month ago

      Keep in mind that the US was originally structured more like the EU. We spent about a century slowly shifting from a collection of nation states in an alliance to one big nation state.