Trump v. Barbara · ¶458

Although the text of the Fourteenth Amendment provides these clues, we must look beyond that text to find a full explanation of the phrase “subject to the jurisdiction” of the United States. The terms of the 1866 Civil Rights Act (CRA) provide that explanation. The CRA includes its own citizenship clause, and the circumstances surrounding Congress’s adoption of the CRA and the Fourteenth Amendment make clear that the two provisions were understood to be substantively the same. Accord, ante, at 26–31 (THOMAS, J., dissenting).

slip opinion, revised 7/01/26
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