GOP Rips High Court Birthright Citizenship Decision

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Republicans swiftly blasted the Supreme Court's ruling striking down President Donald Trump's executive order restricting birthright citizenship Tuesday.

Some called for a constitutional amendment while others urged Congress to move immediately to tighten immigration law.

House Speaker Mike Johnson said he was "very disappointed" by the decision, while Sen. Eric Schmitt, R-Mo., announced plans to introduce a constitutional amendment aimed at restoring what he called the nation's original understanding of citizenship.

In Trump v. Barbara, the Supreme Court sided with challengers to the president’s executive order limiting birthright citizenship to children of U.S. citizens or lawful permanent residents.

The ruling leaves in place the long-standing interpretation of the 14th Amendment under which, with limited exceptions such as children born to foreign diplomats, nearly everyone born on U.S. soil is automatically granted U.S. citizenship.

Speaking to reporters after the decision, Johnson said he wanted to review the opinion before fully analyzing it but made clear he disagreed with the outcome.

"I need to read the opinion. You could say that's a textualist, originalist view,” Johnson said. “This has been grossly abused in recent years ... I'm very disappointed in that outcome.”

The Federation for American Immigration Reform, which backed the Trump administration in the case, argued the justices wrongly interpreted both the Constitution and the Supreme Court's earlier ruling in United States v. Wong Kim Ark.

FAIR maintained that only parents lawfully authorized to remain in the United States should be able to pass citizenship to children born here.

"The Court got the Constitution wrong, and because of that mistake birthright citizenship for children of illegal aliens will continue to be a ballooning negative consequence of the failure to enforce our immigration laws," FAIR Executive Director and General Counsel Dale L. Wilcox said in a statement.

Wilcox said the ruling makes it even more important to secure the border and crack down on illegal immigration.

Schmitt called the decision "wrong, dangerous, and disastrous for American sovereignty and the American people."

"The Supreme Court's decision constitutionalizing unlimited birthright citizenship for the children of illegal aliens and temporarily present aliens is wrong — and disastrous for our sovereignty and the future of our republic," Schmitt said.

"Ordinary legislation cannot repair the damage," Schmitt said. "I will be announcing a forthcoming constitutional amendment to restore the sacred bond between American citizens and their government."

Sen. Mike Lee, R-Utah, also argued the ruling demands a constitutional amendment.

"Neither the Founding Fathers, nor the authors of the 14th Amendment, nor the millions of Americans who fought and died for their country through the ages intended to establish a nation whose citizenship could so easily be purchased, whether through birth tourism of China's communist party members or a vast border invasion enabled by faithless presidents," Lee wrote on X.

"This is the cheap and cheated citizenship the Supreme Court upholds today. The long fight for a constitutional amendment begins now," Lee added.

Several House Republicans echoed those concerns.

Rep. Anna Paulina Luna, R-Fla., wrote that the Founders "did not anticipate the Birth Tourism industry" and warned, "China is having a party right now."

Rep. Kat Cammack, R-Fla., said, "The American people deserve a citizenship system that cannot be gamed by anyone with a plane ticket. Congress needs to act, and I will lead that fight."

Rep. Randy Fine, R-Fla., declared, "SCOTUS has turned its back on the American people. Roberts and Barrett sided with the left to protect birthright citizenship for the children of foreign invaders.

"This is how our country gets conquered from within. This is OUR land. Not theirs."

Sen. Jim Banks, R-Ind., wrote, "A nation without borders is not a nation," adding that Congress should pass the SAVE America Act, strengthen border security, and end what he called the "H-1B scam.”

Rep. Keith Self, R-Texas, called the ruling a "Disastrous ruling for every actual American citizen, our national sovereignty, and the future of our country," adding, "SCOTUS failed us. Congress must act."

Rep. Chip Roy, R-Texas, argued the court "failed the American people, the Constitution, and the rule of law," rejecting the idea that a constitutional amendment is required.

Roy instead urged Congress to define the 14th Amendment's "subject to the jurisdiction thereof" language through legislation and restrict federal funding for governments that provide legal status or documentation to people he said are not covered by that provision.

Rep. Mike Lawler, R-N.Y., offered a different Republican perspective, saying the ruling "affirms that anyone born in the United States is in fact a citizen of our country" and calling it "well-reasoned and thought out."

Lawler said any effort to change birthright citizenship "will require a constitutional amendment and the overwhelming majority of Americans making that decision," while arguing Congress should address birth tourism "through the legislative process, not by executive fiat or judicial activism."

Nicole Weatherholtz

Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.

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