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The Supreme Court’s Abysmal Birthplace Citizenship Ruling Is Exactly Why We Should Ban Surrogacy

Until surrogacy is treated as a threat to national sovereignty, American citizenship is up for grabs by the highest foreign bidders.

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There are a multitude of reasons the rent-a-womb industry should be banned. Surrogacy denies children’s natural rights to life, to a mother and father, and to freedom from commodification; exploits vulnerable women; and creates reproduction loopholes for pedophiles and other bad actors unfit to be parents. The most imminent and possibly important justification for taking swift and legal action to shut down America’s proxy pregnancy market is the increasing exploitation of birthplace citizenship by America’s sworn enemies.

The 14th Amendment’s citizenship clause specifies that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” According to Chief Justice John Roberts, Justice Amy Coney Barrett, and the high bench’s Democrat-nominated justices, however, babies of illegal aliens and surrogates paid by wealthy foreigners are just as American as you or I simply because they were born on U.S. dirt.

It doesn’t matter, as Justice Samuel Alito warned in his dissent, if a child is born “to a mother who is here for only a brief time.” If a pregnant mother can board a plane to the U.S. to deliver her baby anywhere in America, that child is considered by Roberts et al. a full U.S. citizen entitled to all of the benefits of the best country in the world.

“The Court has repurposed the Fourteenth Amendment to protect its own set of preferred rights that the Reconstruction Congress never contemplated and that cannot find support in its text,” Justice Clarence Thomas wrote in his dissent. “Today, the Court does so again by recognizing a constitutional right to citizenship for........

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