The Supreme Court said children of illegal and temporary visitors are citizens at birth — and Scott Jennings exploded, calling that ruling an “abomination” that hands a quiet win to China.
Story Snapshot
- The Supreme Court struck down Donald Trump’s order to curb birthright citizenship, 6–3.
- The Court held that kids born here to illegal or temporary visitors are citizens under the 14th Amendment.
- Scott Jennings blasted the ruling as an “abomination” that fuels foreign “birth tourism,” especially from China.
- Three conservative justices dissented and warned the amendment is being twisted for modern politics.
The Supreme Court Slams the Door on Trump’s Citizenship Order
The Supreme Court’s Trump v. Barbara decision did something simple but huge. The Court said, again, that if a child is born on United States soil, that child is an American citizen, even when the parents are here illegally or only on a short-term visa. Chief Justice John Roberts wrote that such children are “subject to the jurisdiction” of the United States and therefore fall squarely under the 14th Amendment’s Citizenship Clause. That ruling killed Donald Trump’s executive order limiting citizenship on day one of his second term.
The majority leaned heavily on a 1898 case, United States v. Wong Kim Ark, which confirmed that a child born in San Francisco to Chinese immigrant parents was a citizen under the Constitution. That ruling cemented “birthright citizenship” as the norm for more than a century, with narrow exceptions for kids of foreign diplomats or enemy forces. The new decision did not break with that past. Instead, Roberts said the Court was “keeping the promise” of the Fourteenth Amendment for “every free-born person in this land.”
Why Conservatives Call This Ruling A Dangerous Mistake
Three conservative justices—Samuel Alito, Clarence Thomas, and Neil Gorsuch—rejected the majority’s view and sided with Trump’s order. Justice Alito said the Court had made a “serious mistake,” arguing that the president’s limits on citizenship should stand. Justice Thomas went further, warning the Fourteenth Amendment has been “repurposed for political projects,” far beyond its original goal of protecting formerly enslaved Americans. For many conservatives, that line captures their core fear: the text meant to fix one injustice now fuels new ones.
The conservative legal case focuses on five words in the Citizenship Clause: “subject to the jurisdiction.” They argue those words require “direct and immediate allegiance” to the United States, which illegal border crossers and short-term visitors do not have. From that view, granting automatic citizenship to their children cheapens the meaning of citizenship, creates a reward for breaking immigration law, and invites legal and social strain the framers never intended. The dissenters see the majority as stretching plain language to fit modern politics rather than common sense.
Scott Jennings, Birth Tourism, And The China Angle
Scott Jennings did not hold back. On his show, he called the ruling an “abomination” that “benefits China,” ripping the Court for locking in birthright citizenship for children of illegal and temporary visitors. He pointed to “birth tourism” businesses that sell wealthy foreign nationals, often Chinese, full packages: travel to the United States, lodging, coaching on how to answer visa questions, and hospital arrangements so the baby is born on American soil. Once that happens, the child is a citizen, with rights and future access that can stretch decades.
Scott Jennings Calls Birthright Citizenship Ruling by SCOTUS an ‘Abomination’ That Benefits China https://t.co/005sNoW5M7
— Marlon East Of The Pecos (@Darksideleader2) July 1, 2026
Jennings cited federal cases where prosecutors charged visa fraud tied to these birth tourism schemes. Those facts back his claim that an industry exists and that foreign adversaries exploit our rules, not by accident but by design. Where Jennings goes further is in his conclusion that this ruling “benefits China” in a big strategic way. Here, the record is thin. There is no clear public data showing how many such births occur, how many involve Chinese nationals, or how much this changes Beijing’s power. His anger taps a real security worry, but his China claim is more instinct than proven math.
The Bigger Battle Over The Fourteenth Amendment
For over 150 years, American law has treated birthright citizenship as settled doctrine, anchored by the Fourteenth Amendment and Wong Kim Ark. Courts and scholars across the spectrum have held that anyone born here, other than narrow diplomatic and wartime exceptions, is a citizen, no matter their parents’ status. Groups like the American Civil Liberties Union describe attempts to cut that rule by executive order as a direct attack on the Constitution and fundamental American values. They argue that if the nation wants to change citizenship, it must do the hard work of amending the Constitution, not shortcutting it.
From a conservative, rule-of-law view, that argument is not crazy. The Constitution sits above presidents. The problem, for many on the right, is that the Court now reads “subject to the jurisdiction” so broadly that illegal presence and temporary visits count the same as long-term allegiance. That erases meaningful distinctions and removes any incentive for lawmakers to tighten the system. It also clashes with common sense: if a country cannot say “citizenship is for those who follow the rules,” it risks teaching that the rules do not matter.
Security, Sovereignty, And What Comes Next
The Supreme Court’s latest ruling closes one door but opens another. It makes clear that a president cannot unilaterally strip birthright citizenship from children born here, even if their parents violated immigration law or came only on short-term visas. That protects long-standing constitutional rights and blocks sudden, sweeping changes by one administration. But the decision also locks in a system that foreign actors can game through birth tourism, and that illegal border crossers can treat as a safety net for their children.
For conservatives, including Scott Jennings, the path forward now runs through Congress and, perhaps, a future amendment. The Court has drawn its line. If Americans want birthright citizenship to reflect clearer allegiance, not just geography, elected leaders must write that into the law in plain terms. Until then, the incentives remain: come here, have the baby here, and that child is an American. Whether that is a proud promise or a dangerous loophole will define the next round of this fight.
Sources:
youtube.com, cfr.org, apnews.com, nbcnews.com, fam.state.gov, aclu.org, supremecourt.gov, constitutioncenter.org, americanimmigrationcouncil.org



