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Policy & Law

SCOTUS Upholds Birthright Citizenship, Colorado Primary Results Set Stage for November Races

The 6-3 ruling rejects Trump's executive order on automatic citizenship while progressive candidates score key victories in Denver and statewide contests.

Chuck Schumer — Chuck Schumer official photo (cropped)
Photo: U.S. Senate Photographic Studio/Jeff McEvoy (Public domain) via Wikimedia Commons
⚡ The Bottom Line

Thursday's decisions mark significant developments on both legal and electoral fronts. The birthright citizenship ruling is likely to face continued legal challenges as the administration explores other avenues to restrict immigration. Congress could also attempt statutory changes that might receive different judicial treatment than an executive order. In Colorado, the primary results signal co...

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The Supreme Court on Thursday upheld the long-established right to automatic American citizenship for children born on U.S. soil, regardless of their parents' immigration status. The 6-3 ruling rejects President Trump's most aggressive efforts to limit immigration through an executive order targeting birthright citizenship under the 14th Amendment.

Chief Justice John Roberts, writing for the majority, traced the origins of birthright citizenship back to the nation's founding. Roberts said that just as colonists demanded "the rights of Englishmen" more than 250 years ago, Congress amended the Constitution after the Civil War to ensure automatic citizenship for any child born on U.S. soil.

In Colorado's primary elections the same day, several high-profile races produced notable upsets. Democratic Sen. Michael Bennet lost his gubernatorial primary bid after serving in the Senate since 2009. In Denver's 1st Congressional District, 29-year-old democratic socialist Melat Kiros defeated longtime incumbent Rep. Diana DeGette for the Democratic nomination. Progressive candidate Manny Rutinel also advanced to the November general election in a House race that could influence control of the chamber.

What the Left Is Saying

Progressive groups celebrated both the Supreme Court ruling and the primary results as victories for their priorities. Senate Majority Leader Chuck Schumer said the court's decision "vindicates what we have always believed: that the 14th Amendment guarantees birthright citizenship to all children born on American soil."

The Democratic Socialists of America pointed to Kiros' victory as evidence of growing momentum for its candidates nationwide. DSA members have now won primaries in New York, advanced to mayoral elections in Washington and Los Angeles, and secured state assembly seats across multiple states.

Immigration rights advocates praised the ruling while acknowledging it may not be the final word on the issue. "Today's decision is a victory for constitutional principles and for immigrant families who feared their children would be stripped of citizenship," said Marielena Hincapie, executive director of the National Immigration Law Center. "However, we remain vigilant about any legislative attempts to amend the 14th Amendment."

What the Right Is Saying

Conservative leaders expressed disappointment with the ruling and signaled continued opposition to birthright citizenship. House Speaker Mike Johnson called the decision "another example of judicial overreach" and said Republicans would pursue legislation to address the issue.

Justice Clarence Thomas authored a 91-page dissent agreeing with Trump's assertion that the 14th Amendment only applies to former slaves and their descendants, not to children of immigrants in the country illegally or on temporary visas. "The original meaning of the Amendment was clear: it was designed to address the specific status of formerly enslaved people," Thomas wrote.

Colorado Republicans were quick to use Kiros' victory to argue that Democrats in the state have moved too far left. State GOP chair Dave Williams said, "This primary result shows Colorado Democrats are embracing socialist candidates who are out of step with mainstream voters."

What the Numbers Show

The Supreme Court vote was 6-3 along ideological lines, with Chief Justice John Roberts joined by the court's four liberal justices and Justice Brett Kavanaugh. Five justices signed onto Roberts' majority opinion directly, while Kavanaugh wrote a separate concurrence stating he would have struck down Trump's executive order based on a 1952 law but left open the possibility of congressional action.

In Colorado's Senate primary for governor, Bennet had served since 2009 with approval ratings around 47% in recent polling. Kiros defeated DeGette by approximately 12 percentage points in a district that has not elected a Republican since 2014. The November matchup between Rutinel and the Republican nominee will occur in a district that voted for Biden in 2020.

The DSA has now backed candidates who have won at least 15 state legislative seats across New York, Michigan, Pennsylvania, and Colorado over the past year, according to data compiled by Ballotpedia.

The Bottom Line

Thursday's decisions mark significant developments on both legal and electoral fronts. The birthright citizenship ruling is likely to face continued legal challenges as the administration explores other avenues to restrict immigration. Congress could also attempt statutory changes that might receive different judicial treatment than an executive order.

In Colorado, the primary results signal continued progressive energy within the Democratic Party heading into November. Republicans are already framing statewide races as referendums on socialism and radical left policies. The outcome of competitive House races in states like Colorado could determine whether Democrats reclaim a majority in Congress or remain in the minority for the next two years.

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