Could birthright citizenship be the next Roe v. Wade?
Conservative principles face implementation challenges as policy meets political complexity.
Fifty years is a long time to wait for a court to admit it got something wrong. That's the shadow hanging over every conversation about birthright citizenship right now, and it's why the comparison to Roe, however imperfect, keeps coming up. Nobody serious thinks the two issues are legally identical.
New Republican Times Editorial Board

It took nearly 50 years for conservatives to see Roe v. Wade overturned. They're hoping it won't take that long to nix Trump v. Barbara, last month's decision on birthright citizenship.
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New Republican Times Editorial Board
Fifty years is a long time to wait for a court to admit it got something wrong. That's the shadow hanging over every conversation about birthright citizenship right now, and it's why the comparison to Roe, however imperfect, keeps coming up. Nobody serious thinks the two issues are legally identical. But the pattern is familiar: a reading of the Constitution gets locked in decades ago, treated as untouchable, and anyone who questions it gets accused of trying to unravel the country.
The actual text of the Fourteenth Amendment says "subject to the jurisdiction thereof," and that phrase has always done more work than modern practice gives it credit for. The framers weren't writing a blank check for anyone who crosses a border to hand citizenship to their kids automatically. That's a policy the courts backed into over time, not a plain command written on the page. Pointing that out isn't radical. It's reading.
What's actually new here is that a sitting administration put the question in front of judges instead of just complaining about it on cable news. That took nerve, and it forces a debate that's been dodged for a century. Win or lose, that's how you're supposed to fight over constitutional meaning, through argument and courts, not by pretending the settled answer was always obviously correct.
Whether this ends up as the next Roe depends less on legal theory than on whether anyone still has the patience for a fifty-year fight. We'd guess most Americans don't want to wait that long to get an honest answer.
Commentary written with AI assistance by the New Republican Times Editorial Board.

