The Supreme Court Narrowly Rules That America Can Stay America

The Supreme Court ended its latest term with a bang. As expected, the justices blocked Donald Trump’s effort to overturn birthright citizenship, the long-standing constitutional guarantee that people born in the U.S. are citizens. But four Republican appointees dissented at least in part, which means the vote upholding birthright citizenship on constitutional grounds was really only 5–4—shockingly close for a case many legal observers considered a layup. Here’s more on the decision, and the court’s other final rulings.

Remind me: Why was Trump gunning for birthright citizenship in the first place?

Birthright citizenship comes from the 14^th Amendment to the Constitution, which reads, in part, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Trump’s effort to overturn it links back to his harsh immigration policies. On his first day back in office, the president issued an executive order saying that American-born babies whose parents lack permanent legal status aren’t automatically citizens. Restricting citizenship is so core to Trump’s political project that he even attended the SCOTUS arguments over it in person.

OK, but birthright citizenship looks to be clearly spelled out there. How did four justices manage not to see it?

Great question. Three conservatives—Samuel Alito, Clarence Thomas, and Neil Gorsuch—dissented. They argued that the 14^th Amendment, enacted after the Civil War, was meant to grant citizenship to formerly enslaved people—not the children of “birth tourists.” A fourth Republican appointee, Brett Kavanaugh, said federal law, not the Constitution, makes Trump’s order invalid. For the troubling implications, let’s turn to my colleague Mark Joseph Stern, who’s been covering the court for more than a decade. “The dissenters each seek to roll back the Constitution to make room for Trump’s nativist agenda,” Mark writes. “If they are willing to sacrifice birthright citizenship for this president, what other rights might they toss in the fire?”

So is birthright citizenship really safe?

For now, yes. Trump is now calling on Congress to legislate it away, but he almost certainly doesn’t have the votes. And even if he did, the court has ruled that birthright citizenship is constitutionally protected. A narrow win is still a win.

Whew. What else did SCOTUS do today?

It dropped three rulings on two hot-button issues: transgender athletes and money in politics. The court’s conservatives upheld laws in West Virginia and Idaho that exclude trans people from girls’ and women’s sports, effectively greenlighting similar restrictions in other states. In Slate, Dara E. Purvis explains how those rulings undermine the legacy of one of the court’s liberal icons. And in another ideologically split decision, the justices nixed federal campaign finance limits on how much political parties can spend on advertising in coordination with candidates. Republicans, who challenged those limits and whose party coffers are flush ahead of the midterms, stand to benefit. Still, as Richard Hasen explains in Slate, the ruling could’ve been worse—and, by empowering parties over super PACs, might even make our libertine campaign finance system marginally better.

With this term finally over, am I blissfully free from hearing more about the court for a while?

Maybe, but maybe not. Over the summer, the justices often go on vacation or on the lecture circuit. Some of them, Alito first and foremost, have a habit of saying things (or flying flags at their beach houses) that spark controversy. The court will also keep fielding emergency requests, some of which may break news. And it’s possible that Alito, Thomas, or both might retire to ensure that Trump and a GOP-controlled Senate replace them. Expectations are so high that NPR “erroneously” published a story announcing Alito’s retirement this morning, only to quickly retract it. But that doesn’t mean Alito isn’t planning to step down soon. So while the justices won’t be back on the bench until fall, I can’t promise they’re done making headlines.

Read more Brett Kavanaugh’s Personal View of Sports Is Now the Law of the Land

Want a hands-free take on what this latest term says about the court? Listen to the latest episode of Amicus, Slate’s podcast about the law.

And with that, you’re officially up to speed on a big day in jurisprudence. That was exhausting. Need something to watch tonight? Slate’s great culture team has you covered. Might we tempt you with …

An escape to a fantasy realm? We told you House of the Dragon was finally starting to get good, and it is! The first two episodes of Season 3 are out, and this week’s was particularly satisfying, Slate’s Jenny G. Zhang and Rebecca Onion write. And if you’ve already fallen behind, read up on the season premiere.

A show from Larry David and Barack Obama? Life, Larry and the Pursuit of Unhappiness is funny, but not in the way you’d expect. The show drops Larry into important episodes of American history and, Slate’s Sam Adams explains, marks a real departure from Seinfeld and Curb Your Enthusiasm.

Something out-of-this-world weird? Two years ago, Sugar began as a stylish and moody homage to the black-and-white films of the 1940s and ’50s. Wow, did it turn into something else. Slate’s Laura Miller breaks down how we got from a neo-noir detective show to a series about … an alien? Perhaps even more surprising: The show pulls it off.

Some delicious reality television? For an intentionally ridiculous bit of entertainment, Love Island USA sure kicks up a lot of controversy. Nadira Goffe breaks down how and why.

ALL THE SOCCER?!? The World Cup continues: Norway played Ivory Coast earlier. France and Sweden kick off at 5 Eastern, while Mexico and Ecuador play at 9.

Read more The Supreme Court’s New 6–3 Elections Case Was Not Nearly As Bad As Expected

And with that, I’m out. Have a great rest of your night.