Mark Krikorian

The president was never going to win the birthright citizenship case. But what makes it, in Justice Samuel Alito’s words, “one of the most important decisions in the history of the Court” is that the ruling places the issue of membership in the national community beyond the reach of normal politics. This is why some, such as Rachel Bovard and Daniel McCarthy, have likened the ruling to Roe v.

Are we going to just have to bar the admission of women from abroad? The administration was never going to win the birthright citizenship case before the Supreme Court. Changing something as fundamental as our current practices regarding membership in the national community shouldn’t be changed by executive order. But the real losers from Tuesday’s decision are the American people.

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