Originally published at: Supreme Court Will Hear Birthright Citizenship Case, for Real This Time
Lawsuits have been percolating over President Trump’s unprecedented attempt to undermine birthright citizenship since the beginning of his second term, but it took until Friday for the Supreme Court to announce that it will hear the case on the merits. A previous iteration of the fight over Trump’s executive order — that would deprive the…
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Well, that’s one way to get rid of a wife without paying out the prenup, right Donnie.
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The photo of Gorsuch and Kavanaugh looking adoringly at DJT makes me want to vomit. Whatever happened to fidelity to the U.S. Constitution, strict construction interpretations, and the rule of law??
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Tragic that there is even a suggestion that this isn’t a fucking slam dunk.
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That the Court will even hear this matter scares me.
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I posted this in a previous SCOTUS thread, but the message works better here.
Birthright citizenship is common in the New World (Canada, US, Mexico, Central and South America, and Caribbean nations). This fact is intimately related to the origin of these nations as they overthrew their colonial masters and abolished slavery. There are obvious reasons why New World nations did this; in particular to encourage growth, integrate diverse populations, and build national unity. Reasons that the Old World nation did not need (who would want foreigners coming into centuries old nations disrupting their culture?).
Astonishingly the NYT, in its story about SCOTUS taking up the 14th amendment review at Trump’s request to limit birthright citizenship, misinforms its readers that birthright citizenship is not common in developed nations. I am suspecting Trump’s DOJ sent a fax to the NYT with this misinformation in order to justify Trump’s position. The NYT editor was then too lazy to do a simple AI query about birthright citizenship in the world.
From the NYT story as originally published
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The Constitution is very clear on this, as is the history of the law and discussions around this by the various times it has been explored. People born here are citizens, full stop, that has never been questioned, by anyone. If the Seditious Six Justices really take this step, they’d better be ready for the consequences, because a large number of American citizens will suddenly be open to persecution by the Trump administration. The disruption from that will be massive, and you just know the Trump administration will find a way to declare that anyone brown isn’t an actual citizen because at some point in their family’s past someone came here the “wrong” way.
There won’t be time for the Trumpers to revoke and eject the American citizens they are after before the 2026 and 2028 election, we’re talking millions of people…but there will be plenty of time for all of those citizens to get so pissed off and scared of the consequences of the decision that we might see a huge wave. It will definitely push Latino voters away from Republicans, because they are the primary target of this…when ICE comes for a citizen grandma it will become real for a whole lot of them.
This also is going to push court reform, and investigations by Democrats into the cozy relationship between the Seditious Six Justices and the Republican political machine. That just has to happen, these decisions are not organic or based in the law, even Republican judges are not happy at what’s happening at the SC.
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I’ve been seeing many “border control” agents go after people. We say ICE but it’s multiple agencies now. It’s terrible.
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They don’t need. All they need to do is take away their right to vote!
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Spoiler: It’s going to be 9-0, likely with some dumb concurrence from Thomas and/or Alito.
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I hope you’re right, because I had always thought so. Sadly, now I’m not so sure.
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ICE is comparatively professional. It’s the Border Patrol stormtroopers who are most frequently out of control.
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I hope you are correct. One would think “All persons” is clear cut, but with this Court and ”Original Intent” and “Major Doctrine” one can not be 100% sure.
P.S. How large are their intestines to keep pulling such stuff out of them?
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So if the SCOTUS shadow docket says that what the 14th amendment says isn’t what it means, then that amounts to an unauthorized re-write of the Constitution, which sets a really scary precedent for what else could be re-interpreted favorably to fascism.
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Which is precisely what they want - they want the freedom to persecute anyone that isn’t them.
And the minions will roundly applaud that, until they find themselves confronted with the reality that they don’t conform to the GQP vision of the country.
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They would have to overrule Wong Kim Ark, reinterpret the 14th Amendment in a way it’s never been understood, embrace one or more of trump’s farcically pretextual excuses for it, and then overrule Congress itself for having consistently passed and reaffirmed legislation many, many times, for way more than a century, that all persons born in the United States are citizens of the United States (with the tiny noted exceptions). It’s just way too crazy for anyone to want to go there, and it doesn’t serve any of the financial interests of their emotional support billionaires.
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If Roberts is looking to make history for himself and be forever remembered, overturning the 14th amendment might be a good way to go.
Most of these folks don’t care about their legacies because (as Bill Barr famously said) they’ll be dead. It won’t affect them or their descendants. If the court is determined to fashion the country after fascism, I can see them going 6 - 3 in favor of re-writing the interpretation of the 14th amendment.
Hold my beer, says the court.
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These corrupt motherfuckers are about to do a complete end-run around the legislative branch and the will of the people by effectively repealing the 14 Amendment to kowtow to their billionaire scumbags and corporate overlords and chip away at our rights one by one while we sit on our dicks hoping for the fat fuck to drop dead or praying for some Republican, any Republican to put a stop to this. The entire leadership of the Democratic Party has completely failed, and proven they’ve spent their useless lives in a Neville Chamberlain pants pissing contest. This is where those 2nd Amendment remedies need to start kicking in folks. If not literally, then at least in spirit. I’ll say it slowly for the 'tards in the back row. NO ONE. IS COMING. TO SAVE YOU.
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No, that’s not happening. Bookmark this.
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But we learned just the other day that not all persons are persons after all. Some are garbage. And who, Mr. Alito will wonder, doesn’t think we can as Americans throw out the trash.
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