Chief Justice Roberts' majority opinion interprets the 14th Amendment's citizenship clause as incorporating the English common law rule of birthright citizenship, meaning anyone born on U.S. soil is a citizen. This interpretation is rooted in a historical narrative starting from British common law, through the Reconstruction era, and culminating in the Wong Kim Ark case, asserting that the phrase 'subject to the jurisdiction thereof' did not exclude children of temporary visitors. The opinion concludes that this broad interpretation has been consistently applied for over a century, solidifying birthright citizenship for nearly all children born in the U.S. This broad interpretation is the bedrock of the court's decision to uphold birthright citizenship.
Kavanaugh on Roundup: Federal Preemption Reigns
Justice Kavanaugh, writing for the majority in Monsanto v. Durnell, ruled that federal law preempts state-level lawsuits regarding warning labels on Roundup. He stated that because the EPA has concluded glyphosate is not likely to cause cancer, it has not required a cancer warning. Therefore, state claims demanding such warnings are preempted, preventing the destruction of industries by conflicting state mandates. The decision hinges on federal regulatory authority over product labeling.
Kavanaugh on Trans Athletes: Title IX and Biological Sex
Justice Kavanaugh, writing the majority opinion in West Virginia v. BPJ, affirmed that Title IX permits schools to maintain separate sports teams for biological females. He reasoned that the term 'sex' in Title IX and its regulations refers to biological sex, not gender identity, and that separate teams are justified by the inherent physical differences between males and females. The ruling allows states to exclude biological males from women's sports based on these general physical differences.
Campaign Finance Loosened: Shapiro's Take
The Supreme Court's decision on campaign finance, specifically regarding limits on party expenditures coordinated with candidates, essentially frees up more money in politics. The commentator argues that campaign finance regulations are inherently flawed and often circumvented, suggesting they should be eliminated entirely.
Presidential Power: Broad Authority, with a Caveat
The Supreme Court affirmed that the president has broad power to fire officials in the executive branch, reinforcing the unitary executive theory. However, in a seemingly contradictory ruling, the court also limited the president's ability to remove officials at the Federal Reserve, a decision the commentator finds inconsistent.
Gorsuch on the Declaration's Heroes and Virtues
Justice Neil Gorsuch discusses his new children's book, 'Heroes of 1776,' emphasizing the courage, sacrifice, and radical ideas of equality and inalienable rights that motivated the signers of the Declaration of Independence. He highlights that these virtues are essential for the continuation of the American experiment.
Shapiro: Founders' Grievances vs. Modern Government
Ben Shapiro questions what the founders would think of the current expansion and intrusiveness of American government, contrasting their grievances against perceived overreach with today's expansive regulatory state. He suggests that the founders' core reasons for rebellion, beyond just tax rates, included issues like quartering troops and denial of trial by jury.
Birthright Citizenship's Constitutional Standing
The Supreme Court's ruling affirmed that birthright citizenship is constitutionally guaranteed by the 14th Amendment, meaning any change would require a constitutional amendment, not just an act of Congress or an executive order. This decision surprised some who expected a narrower ruling or a path for legislative action.
Campaign Finance: The First Amendment Conundrum
The discussion reveals bewilderment over complex campaign finance laws, questioning how the First Amendment allows such extensive regulation. The prevailing view is that spending money on political speech is core to the First Amendment, and the court's decision overturning a ban on coordination between candidates and parties aligns with this perspective, vindicating Justice Thomas's long-held dissent.
Executive Power: The Federal Reserve's Special Status
The court's decisions on executive power created confusion by allowing the president to fire FTC officials but not Federal Reserve members, suggesting the Fed is a unique entity exempt from presidential control. This distinction is seen as illogical, creating a 'fourth branch' of government and eroding the principle of presidential accountability over executive agencies.
