In a calamitous capper to its most recent term, the Roberts Court blessed birthright citizenship for the hundreds of thousands of children born annually in the U.S. to illegal aliens and “birth tourists.” Would that same Court be willing to abide by the removal of the birthright babies’ parents, along with millions of fellow illegal aliens, from the census figures used to apportion House seats, redistrict, and distribute trillions in federal funds?
Trump v. Barbara begs that question. Given several notable parallels between immigration-related exclusions to birthright citizenship and cases poised to arise concerning immigration-status-related exclusions to the apportionment base, it is fair to examine what a future case may hold based on the Court’s ruling in Barbara.
If the Supreme Court were to take a similar tack, it would prove disastrous for our country. It would legitimize the further twisting of the Constitution and a Reconstruction-era amendment to grant millions of non-citizens representation in our political system—a prospect never contemplated by the 14th Amendment’s drafters. It would distort the American political map, dilute Americans’ voting power, and incentivize still more illegal immigration and sanctuary policies.





