Opinion

MIKE DAVIS: After SCOTUS fumbles birthright citizenship, we need sensible census solutions

Congress can limit census counts to citizens and lawful permanent residents, countering the birthright citizenship ruling

By Mike Davis Fox News

Published August 1, 2026 7:38am EDT

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JD Vance calls SCOTUS birthright citizenship ruling a 'major mistake'

Vice President JD Vance assesses the Supreme Court’s ruling on birthright citizenship, the rise of socialist candidates within the Democratic Party and more on ‘The Ingraham Angle.’

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The Supreme Court just punched America in the gut. In Trump v. Barbara, five justices stole We The People’s most crucial sovereign power of deciding who becomes fellow citizens by illegally constitutionalizing birthright citizenship for the children of Chinese birth tourists, Islamic terrorists, and other illegal immigrants who hate America. That's bad enough. But the rot goes deeper: illegal aliens and temporary visa holders are counted in the census – the process that determines how many U.S. House seats each state gets. That drives the Electoral College, which decides the presidency. This is a rigged game, and it has to end in time for the 2030 census.

Here's how the Fourteenth Amendment actually works: Section 1 grants birthright citizenship to anyone born in the United States and "subject to the jurisdiction thereof" -- a provision enacted after the Civil War for the children of the freed slaves, not so Chinese babies born in America can return to Beijing for the rest of their lives, mail in their votes, and even later run for U.S. president. Section 2 apportions House seats based on "the whole number of persons" in each state. The government has made a mess of both.

Pro and anti-Trump demonstrators rally outside the U.S. Supreme Court, before justices hear oral arguments on whether President Donald Trump can deny citizenship to children born to........

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