SCOTUS delivers rulings on transgender athlete bans & birthright citizenship
U.S. Supreme Court strikes down Trump birthright citizenship challenge, upholds trans ban
U.S. Supreme Court blocks Trump birthright citizenship challenge, and upholds transgender athletes ban in women's and girls sports, in two 6-3 opinions.
OAKLAND, Calif. - The U.S. Supreme Court issued two historic 6-3 rulings on Tuesday, blocking President Trump's effort to eliminate birthright citizenship and upholding state bans in West Virginia and Idaho that restricted transgender athletes' participation in women's and girls' sports programs.
The majority opinion was written by Chief Justice John Roberts, who was joined by Trump-appointed Justices Amy Coney Barrett and Brett Kavanaugh, and three Democrat-appointed Justices: Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
In the minority were three Republican-appointed Justices: Clarence Thomas, Samuel A. Alito, Jr., and Neil M. Gorsuch.
Birthright citizenship
The ruling protects a 14th Amendment right that has been consistently upheld since the landmark 1898 Supreme Court case involving Wong Kim Ark, a Chinese-American man from San Francisco.
The decision brought immediate reactions from civil rights organizations.
"This is an incredible win, I can't stress it enough, in what has been an onslaught of attacks against Latinos and immigrants over the last 16 months," said Juan Proano, CEO of the League of United Latin American Citizens. "So, I expect further attacks."
The American Civil Liberties Union (ACLU) legal team and other advocacy groups shared statements from women involved in the case under pseudonyms to protect their identities.
Cody Wofsy, Deputy Director of the ACLU Immigrants’ Rights Project, shared a quote from one of the women, saying: "It is a difficult time in the world to stand up. We were scared to come forward. But the decision today showed me that I stood up for the right thing. We can all stand up for the right thing."
President Trump voiced his displeasure in a post on social media, stating: "Congress should start TODAY to work on ending expensive and unfair to our country, Birthright Citizenship [sic]."
"We need to address the issue as quickly and as efficiently as we can," said Republican House Speaker Mike Johnson of Louisiana.
The Supreme Court’s ruling made it clear, however, that birthright citizenship is fundamentally protected by the U.S. Constitution. Because of this, Congress would need to pass a constitutional amendment to change citizenship laws.
Restrictions on Transgender Athletes Upheld
Also on Tuesday, the Supreme Court issued a separate 6-3 opinion upholding two state laws that ban transgender female athletes from participating in women's and girls' school sports programs.
Supporters of the ban celebrated the decision at a rally in Washington, D.C.
Penny Nance, President and CEO of Concerned Women for America, expressed her support for the Court's ruling.
"We are thrilled that the Supreme Court agreed with us in the unique dignity of women, that women's sports are for women," Nance said.
The Court's ruling also received praise from Brooke Slusser, a former San Jose State University student and member of the women's volleyball team, who filed a lawsuit protesting a transgender woman's inclusion in the program.
'It's amazing. It's the biggest win we've had yet. I couldn't be happier. We couldn't ask for more right now," Slusser said.
Jenny Pizer, Senior Lawyer at Lamda Legal, said the Court's ruling was misguided and failed to consider the negative impact of the bans on young women.
"No matter their age, no matter the sport, no matter whether it was competitive or not, it just excludes them, and that's the opposite of respectful inclusion of all students," Pizer said.
Legal Experts Weigh in on the Court's Makeup
Legal scholars note that these rulings provide insight into the ideological landscape and future path of the current Court.
Amanda Tyler, a law professor at UC Berkeley School of Law, says that the court's dynamics are more nuanced than a simple 6-3 conservative-liberal split.
"It is in some respects a 6-3 court, but more specifically, the Constitution right now means what 2 out of 3 justices, particular justices, say it means. And those three justices are Chief Justice John Roberts, Justice Brett Kavanaugh, and Justice Amy Coney Barrett," Tyler said.
What's next:
The Asian Law Caucus is planning a celebration rally on Wednesday, July 1, at 11 a.m. at the Willie Wong playground park in San Francisco. A descendant of Wong Kim Ark is expected to attend.