Trump v. Barbara · ¶492

When the opinion finally turns to the text of the Fourteenth Amendment, it summarily concludes that “‘subject to the jurisdiction thereof ’” in the Citizenship Clause has the same meaning as the phrase “‘within its jurisdiction’” in the Equal Protection Clause.” Id., at 687. But the opinion makes no effort to explain why Congress might have chosen to use different language in two places within the same provision to express the same concept. As we have often noted, we usually presume that “‘differences in language . . . convey differences in meaning.’” Ysleta del Sur Pueblo v. Texas, 596 U. S. 685, 698 (2022); see, e.g., Pulsifer, 601 U. S., at 149; Saxon, 596 U. S., at 457–458. Nor does the opinion explain why Elk had interpreted “subject to the jurisdiction thereof ” very differently.

slip opinion, revised 7/01/26
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