President Trump took a major hit today in Trump v. Barbara, where the Supreme Court affirmed a ruling against his birthright citizenship executive order.
Chief Justice John Roberts wrote the opinion of the Court. He was joined by Justices Sotomayor, Kagan, Barrett, and Jackson.
But the loudest voice in the case did not come from the majority. It came from Justice Clarence Thomas, who filed a blistering dissent joined by Justice Neil Gorsuch.
Thomas went straight to the history of the Fourteenth Amendment and argued the majority got it wrong.
🚨 JUST IN: Supreme Court Justice Clarence Thomas FUMES at the majority upholding birthright citizenship for illegals — saying the 14th Amendment was CLEARLY made for “FREED SLAVES”
It’s exactly what President Trump said.
Thomas says the constitution does NOT support…
— Eric Daugherty (@EricLDaugh) June 30, 2026
Thomas anchored his dissent in Dred Scott, the case that would have permanently denied citizenship to black Americans.
He wrote that the Reconstruction Congress overruled that decision with the Civil Rights Act of 1866 and then the Citizenship Clause of the Fourteenth Amendment.
His point was direct. Both the Civil Rights Act and the Citizenship Clause guaranteed citizenship to persons born and domiciled in the United States regardless of race.