Originally published at: Supreme Court Upholds Birthright Citizenship - TPM – Talking Points Memo
The Supreme Court preserved one of the most important tenants of the Constitution Tuesday, upholding birthright citizenship despite the Trump administration’s unprecedented attempt to shred it. Chief Justice John Roberts wrote for the majority, joined by Justice Amy Coney Barrett and the liberals. Justice Brett Kavanaugh concurred in part and dissented in part. Justice Ketanji…
Kavanaugh dissents too. He says the 14th does not mean what it says, and Congress has the right to take away birthright citizenship. So it’s 5-4 on the plain text, the 130-year-old precedent, the universal understanding, and the Congressional legislative reliance on all of the above.
This Court is insane. It needs to be chucked into the nearest well.
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Agree, but a win is a win.
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All I can say is, after the violation of Article 2 yesterday and the upholding of the 14th today, judicially, we’ve just been through some epic whiplash.
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Hurray. Tenets, though, I think.
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I’m glad I get to keep my citizenship having been born in Santa Monica, CALIFORNIA USA
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Insane, drunk, racist & corrupt.
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The fact that this Supreme Court would even consider such a foul act as dismissing birthright citizenship is deeply disturbing if not deserved contempt from any patriotic US citizen.
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The 6 right wing justices might clog that well
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So Kavanaugh thinks Congress can overturn an amendment of the Constitution?
Of course he does. This is what Conservatism means today because they are in charge.
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There is scant evidence for this dramatically revisionist view…
Hasn’t stopped you before, Johnny boy!
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…. For now.
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That there was any question is worrisome. Three justices think that only they can interpret plain text as it appears in the Constitution. That being what they want it mean.
Supreme Court exclusive club membership.
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So, we are 1 justice away from striking down birth-right citizenship, a plain text statement in our constitution.
Some might take this as a win, but I take it as the exception that proves the rule, the conservative 6 SCOTUS justices are radical and corrupt to the point of being extralegal.
A ruling this close will only embolden the autocrats that want a genocide, not dissuade them.
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how long until a vaguely “redefined” angle of attack gets back before these goons?
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one of the most important tenants of the Constitution
Those birthright immigrants live twelve to a room in the Two Senators from Each State Clause (Article I, Section 3).
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He needs to crack open a book because even Johnson didn’t think that.
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No, he thinks the 14th does not mean what it says, and so therefore qualifications for birthright citizenship are up to Congress, which has codified it and now is being invited to change it at some point in the future.
ETA: And he’s not wrong about Congress’s authority to confer citizenship. He’s just wrong on the face of the 14th that Congress can take it away. His official position is to nullify the 14th, which is everything the post-bellum Confederates ever wanted.
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There is a legal framework consistent with the 14th amendment.
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a remnant of a remnant
Kagan’s characterization of what is left of campaign finance regulation, calling out to Breyer’s dissent in McCutcheon.
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