Justices Ginsburg and Scalia, despite differing ideologies, agreed that First Amendment freedoms apply to all within the U.S., documented or not, citing the 14th Amendment’s use of “person.” This bipartisan stance, emphasizing constitutional protections for all, is now being challenged by legal disputes arising from the Trump administration’s mass deportation policies. Over a decade later, the foundational agreement between these two justices faces a significant test in the context of evolving immigration enforcement.