Morning Briefing
Summaries of health policy coverage from major news organizations
Supreme Court Upholds Birthright Citizenship, Allows States To Ban Trans Athletes
The Washington Post: Supreme Court Upholds Principle That Almost All Born On U.S. Soil Are American
The Supreme Court on Tuesday affirmed the principle that almost everyone born on U.S. soil is a citizen, a major decision that rejects a push by President Donald Trump to fundamentally redefine who is American in ways not seen for more than 150 years. The justices struck down an executive order by the president that said citizenship would not be granted to children born to parents who are in the country illegally or those on temporary visas for work, travel, school or humanitarian reasons. (Jouvenal, 6/30)
The New York Times: The Birthright Decision Was Surprisingly Close, Some Legal Scholars Say
Some civil rights advocates, lawyers and legal scholars were surprised that four justices — Clarence Thomas, Brett M. Kavanaugh, Samuel A. Alito Jr. and Neil M. Gorsuch — said that they did not see birthright citizenship as a constitutional right for certain groups. In the end, birthright citizenship as a constitutional right survived by one vote — the latest sign of how far the conservative legal movement has shifted on the issue. “This should have been a 9-0 decision,” said Bethany Li, executive director of the Asian American Legal Defense and Education Fund, which filed an amicus brief against the president’s order. (Qin, 7/1)
The Washington Post: Trump Says Congress Should Act To End Birthright Citizenship
President Donald Trump on Tuesday called on Congress to end birthright citizenship after the Supreme Court upheld the constitutional right and struck down his executive order seeking to redefine who is American. (Diamond and Alfaro, 6/30)
In a separate ruling about transgender athletes —
The New York Times: Supreme Court Allows States To Bar Transgender Athletes From Girls’ Sports
A divided Supreme Court on Tuesday upheld two state laws barring the participation of transgender female athletes from girls’ and women’s sports teams. The court’s 6-to-3 ruling deals with laws from West Virginia and Idaho but has implications for the 25 other states with similar restrictions, and for athletes who compete in school and collegiate sports nationwide. (Marimow, 6/30)
The New York Times: Trans Sports Ruling Puts Pressure On States Without Bans
The Supreme Court’s ruling that states can block trans women and girls from competing in female events allows 27 states to keep their bans in place. It does not require any action from the other 23 states, though they’re already feeling pressure from advocates. “Blue states with boys on girls’ podiums … you’re next,” Kristen Waggoner, the president of the Alliance Defending Freedom, posted on social media soon after the court ruled on Tuesday. Her organization defended the laws in Idaho and West Virginia that prompted the decision, and is eager to see similar laws enacted nationwide — whether by lawmakers, judges or voters. (Harmon, 6/30)
The Washington Post: Supreme Court Losses Cause Some Transgender Activists To Rethink Legal Strategy
The Supreme Court’s ruling Tuesday upholding state bans on transgender athletes in women’s sports is prompting questions about whether trans rights litigators have made strategic missteps, saddling the ascendant legal movement with sweeping precedents that could hurt their cause for years to come. Critics, including some trans rights advocates, say the movement has rushed to tee up causes that the court’s 6-3 conservative majority is not ready to embrace — particularly expanded rights for trans athletes, which polls show most Americans oppose. Given the high court’s solidly conservative record on LGBTQ+ issues, some supporters of trans rights are delivering a sobering message: Keep cases away from the Supreme Court. (Mark, 7/1)
