I think all of them probably join Roberts on it. This is pretty cut-and-dried stuff that's written into the text, and has already been well-litigated in the past.philly1121 said:
Maybe. But who's going to join Roberts to cross the aisle? There's no way Gorsuch crosses over. Its either Kavanaugh or Barrett. I don't see either one with any legal sanity or courage to do it.
Anyway, my thought is that ending birthright citizenship gets no more than 3 votes in the current Court. It really shouldn't get any, but even for a very right-wing group it's hard to go against explicit text.philly1121 said:
All of them?? Snowballs chance in hell of that happening.
Yes. I think I read like 20-something states did that. My own state of Oregon did not. This one isn't worth worrying about IMO.Eastern Oregon Bear said:
I know this was discussed lately on Off Topic by the outraged Trump fanboys, but my searching doesn't get any hits from the board software, so I'll have to place this here for lack of knowing the appropriate place. I read a news story in the Spokane Spokesman-Review newspaper that Gavin Newsom, Washington Governor Bob Ferguson and at least 12 other states ordered flags to be raised temporarily to full staff yesterday for Trump's inauguration then lowered back to half-staff at sundown. I know movielover and 2034 wouldn't point this out, so I thought I would. It's the appropriate resolution to the conflicting situations.
DEI hire Vivek Ramaswamy got fired. https://t.co/PiLrnpAqPY pic.twitter.com/pfG456vQdf
— mistergeezy.bksy.social (@mistergeezy) January 19, 2025
The birthright citizenship question turns entirely on the meaning of "subject to the jurisdiction thereof" in the 14th amendment. The supreme court has not ruled on this directly in over 125 years - United States v. Wong Kim Ark (1898). For example, children born to diplomats in the US are not given US citizenship.sycasey said:Anyway, my thought is that ending birthright citizenship gets no more than 3 votes in the current Court. It really shouldn't get any, but even for a very right-wing group it's hard to go against explicit text.philly1121 said:
All of them?? Snowballs chance in hell of that happening.
And again I say to you and other Republicans:BearGoggles said:The birthright citizenship question turns entirely on the meaning of "subject to the jurisdiction thereof" in the 14th amendment. The supreme court has not ruled on this directly in over 125 years - United States v. Wong Kim Ark (1898). For example, children born to diplomats in the US are not given US citizenship.sycasey said:Anyway, my thought is that ending birthright citizenship gets no more than 3 votes in the current Court. It really shouldn't get any, but even for a very right-wing group it's hard to go against explicit text.philly1121 said:
All of them?? Snowballs chance in hell of that happening.
There's a good discussion of the issue here https://constitutioncenter.org/blog/revisiting-the-birthright-citizenship-question-and-the-constitution
I don't think its a slam dunk that Trump loses.
I think there's a decent chance the supreme court rules a person in the US illegally (or perhaps evading a deportation order) is not "subject to the jurisdiction" of the US and therefore their children are not entitled to US citizenship. I believe that is one basis on which to distinguish the Wong Kim Ark case - Wong Kim Ark's parents were (from what I can tell) lawfully in the US when he was born. And for the record, if the SC does make a change in the law, I suspect it would apply going forward only since citizenship was conferred on newborn's prior to Trump's change.
There's also a chance that the SC rules that congress is empowered to enact implementation legislation determining who is "subject to the jurisdiction" in which case Trump's executive order is invalid. That would be the correct result in my view (politically, if not constitutionally).
The point was your "explicit text" argument is not as strong as you think it is. But you're too lazy to engage with that. No problem. I get it - you're modeling your debate on Biden.sycasey said:And again I say to you and other Republicans:BearGoggles said:The birthright citizenship question turns entirely on the meaning of "subject to the jurisdiction thereof" in the 14th amendment. The supreme court has not ruled on this directly in over 125 years - United States v. Wong Kim Ark (1898). For example, children born to diplomats in the US are not given US citizenship.sycasey said:Anyway, my thought is that ending birthright citizenship gets no more than 3 votes in the current Court. It really shouldn't get any, but even for a very right-wing group it's hard to go against explicit text.philly1121 said:
All of them?? Snowballs chance in hell of that happening.
There's a good discussion of the issue here https://constitutioncenter.org/blog/revisiting-the-birthright-citizenship-question-and-the-constitution
I don't think its a slam dunk that Trump loses.
I think there's a decent chance the supreme court rules a person in the US illegally (or perhaps evading a deportation order) is not "subject to the jurisdiction" of the US and therefore their children are not entitled to US citizenship. I believe that is one basis on which to distinguish the Wong Kim Ark case - Wong Kim Ark's parents were (from what I can tell) lawfully in the US when he was born. And for the record, if the SC does make a change in the law, I suspect it would apply going forward only since citizenship was conferred on newborn's prior to Trump's change.
There's also a chance that the SC rules that congress is empowered to enact implementation legislation determining who is "subject to the jurisdiction" in which case Trump's executive order is invalid. That would be the correct result in my view (politically, if not constitutionally).
Good luck with that.
No, I still think your chances of success here are very slim. But again: good luck with that. Your side won and will get to pursue whatever initiatives they prefer.BearGoggles said:The point was your "explicit text" argument is not as strong as you think it is. But you're too lazy to engage with that. No problem. I get it - you're modeling your debate on Biden.sycasey said:And again I say to you and other Republicans:BearGoggles said:The birthright citizenship question turns entirely on the meaning of "subject to the jurisdiction thereof" in the 14th amendment. The supreme court has not ruled on this directly in over 125 years - United States v. Wong Kim Ark (1898). For example, children born to diplomats in the US are not given US citizenship.sycasey said:Anyway, my thought is that ending birthright citizenship gets no more than 3 votes in the current Court. It really shouldn't get any, but even for a very right-wing group it's hard to go against explicit text.philly1121 said:
All of them?? Snowballs chance in hell of that happening.
There's a good discussion of the issue here https://constitutioncenter.org/blog/revisiting-the-birthright-citizenship-question-and-the-constitution
I don't think its a slam dunk that Trump loses.
I think there's a decent chance the supreme court rules a person in the US illegally (or perhaps evading a deportation order) is not "subject to the jurisdiction" of the US and therefore their children are not entitled to US citizenship. I believe that is one basis on which to distinguish the Wong Kim Ark case - Wong Kim Ark's parents were (from what I can tell) lawfully in the US when he was born. And for the record, if the SC does make a change in the law, I suspect it would apply going forward only since citizenship was conferred on newborn's prior to Trump's change.
There's also a chance that the SC rules that congress is empowered to enact implementation legislation determining who is "subject to the jurisdiction" in which case Trump's executive order is invalid. That would be the correct result in my view (politically, if not constitutionally).
Good luck with that.
Reporter: “What can we expect from the NATO countries that spend the least (…), like Spain, below 5%?”
— AlexandruC4 (@AlexandruC4) January 21, 2025
Trump: “Spain is very low. Are they a BRICS nation?”
Reporter: “What?”
Trump: “They are a BRICS nation. Spain. Do you know what a BRICS nation is?” pic.twitter.com/bad4CKH69O
BREAKING: President Trump has signed an executive order rescinding Lyndon Johnson's EO 11246, which established affirmative action, and banning all federal contractors and publicly-funded universities from practicing race-based discrimination, including DEI.
— Christopher F. Rufo ⚔️ (@realchrisrufo) January 22, 2025
A massive shift.
BREAKING: Every government agency was just ordered to begin closing ALL their DEI offices - tomorrow, 5pm is deadline pic.twitter.com/NCCbXw77Io
— End Wokeness (@EndWokeness) January 22, 2025
Cal88 said:
This is a very bad look for Trump.Reporter: “What can we expect from the NATO countries that spend the least (…), like Spain, below 5%?”
— AlexandruC4 (@AlexandruC4) January 21, 2025
Trump: “Spain is very low. Are they a BRICS nation?”
Reporter: “What?”
Trump: “They are a BRICS nation. Spain. Do you know what a BRICS nation is?” pic.twitter.com/bad4CKH69O
Cal88 said:
I'm surprised that event was not covered here, this IMO is Trump's biggest goof in his 4 years and 1 day as POTUS.
They speak Spanish, they must be in it, right?DiabloWags said:Cal88 said:
I'm surprised that event was not covered here, this IMO is Trump's biggest goof in his 4 years and 1 day as POTUS.
I guess that BRICS stands for the following:
Brazil
Russia
India
China
Spain
Here comes tariffs for SPAIN.
LMFAO!
Trump mistakes Spain for a member of the BRICS bloc and repeats the threat of massive tariffs
sycasey said:
They speak Spanish, they must be in it, right?
DEI: Biden spent almost half a billion dollars hiring DEI experts across the entire federal government. In the HHS alone there are 300 DEI staffers with a payroll of over $67 million a year. Trump is getting rid of all of them. pic.twitter.com/v1LnCLR6Pz
— @amuse (@amuse) January 22, 2025
The fact that so few of Trump's planned executive orders leaked, even to friendly sources, is proof of how much better his staffing choices were this time around
— Michael Malice (@michaelmalice) January 22, 2025
Cal88 said:
I'm surprised that event was not covered here, this IMO is Trump's biggest goof in his 4 years and 1 day as POTUS.
BREAKING: After call with Pres. Trump, the Saudi crown prince agrees to $600 BILLION investment push with U.S.
— Breaking911 (@Breaking911) January 23, 2025