Republicans flood Congress with bills to confront Supreme Court on birthright citizenship

Constitutional questions test judicial philosophy as Americans debate the role of unelected judges.

Source: Washington Times
1 min read
Why This Matters

Congress writing bills to deal with a Supreme Court ruling is not a constitutional crisis. It's Congress doing its job. That's the part the coverage of this story keeps skipping past, as if lawmakers reaching for legislation after a court loss were some kind of scandal rather than the entire point of having three separate branches.

New Republican Times Editorial Board

Republicans flood Congress with bills to confront Supreme Court on birthright citizenship
Image via Washington Times

The Supreme Court may have crushed President Trump's plans to restrict birthright citizenship but congressional Republicans are vowing not to accept the loss, as they desperately seek loopholes or workarounds that could still block some of the most troubling cases.

Original source:

Read at Washington Times

How We See It

New Republican Times Editorial Board

Congress writing bills to deal with a Supreme Court ruling is not a constitutional crisis. It's Congress doing its job. That's the part the coverage of this story keeps skipping past, as if lawmakers reaching for legislation after a court loss were some kind of scandal rather than the entire point of having three separate branches.

Birthright citizenship has been treated for decades as untouchable, a settled question nobody's allowed to poke at. But the language of the 14th Amendment, "subject to the jurisdiction thereof," was never as simple as the automatic-citizenship crowd pretends. Reasonable people can read that phrase and land in different places on whether it was ever meant to cover children of people who entered the country illegally or are here temporarily. That's not a fringe position, it's a live legal debate that predates Trump by a century.

What's actually happening here is Republicans testing whether there's a legislative path to clarify a question the Court left messier than the headlines suggest. Maybe those bills go nowhere. Maybe they're overreach. But "flooding Congress with bills" is what opposition to a ruling looks like in a system that still works. The alternative, where you lose in court and just shut up, isn't how any of this has ever functioned, for either party.

If Democrats did the exact same thing after an adverse ruling, this would be called persistence, not defiance. Worth remembering the next time a headline reaches for the word "desperate."

Commentary written with AI assistance by the New Republican Times Editorial Board.