Judge Has No Patience for Birthright Citizenship EO

Started by bats, Jan 23, 2025, 01:42 PM

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bats

Jan 23, 2025, 01:42 PM Last Edit: Jan 23, 2025, 04:33 PM by bats Reason: Corrected hyperlink
"I can't remember another case where the question presented is as clear as it is here. This is a blatantly unconstitutional order."

So said a federal judge, appointed by Reagan, about Trump's lawless executive order purporting to end birthright citizenship by fiat.

Much later, we'll see what the "originalists" on the Supreme Court do with this.

The Trump shitshow is well underway.

HighStepper

#1
Jan 23, 2025, 02:44 PM
Fourteenth Amendment
Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Not subject to the jurisdiction would be foreign ambassadors and their households with diplomatic immunity, so their childen born in the U.S. would not have citizenship by birth.

In McCreery's Lessee v. Somerville (1824) the Supreme Court treated as uncontroversial the U.S. citizenship of the U.S.-born child of Irish alien parents

In Lynch v. Clarke (1844) a New York court directly held that U.S.-born children of alien temporary visitors were U.S. citizens.

It would seem that this issue is destined to go to the Supreme Court. It will be interesting what convoluted interpretation they will come up with, assuming that they will even take up the case.

Currently, Trump's position on this issue is not widely popular among the general public.
Too much sex is still not enough.

Romanticlover

#2
Jan 23, 2025, 03:59 PM
Trump will have some EO that are unconstitutional just like Biden did.
Are we having fun yet?

Danno

#3
Jan 23, 2025, 04:07 PM
Biden's what? provide facts.
Just tap me on the head if I overstay my welcome

Hobby

#4
Jan 23, 2025, 04:37 PM
The only way birth right can be changed is by amendment.  Trump is making noise so people will think about this.
Hobby

bats

#5
Jan 23, 2025, 04:38 PM
Quote from: Romanticlover on Jan 23, 2025, 03:59 PMTrump will have some EO that are unconstitutional just like Biden did.
Your usual whataboutism is noted. However, there are EOs whose constitutionality is debatable, and there are EOs, like this one, where the judge not only stated that it was "blatantly unconstitutional," but also posed this question to one of the government's lawyers:

I have difficulty understanding how a member of the bar can state unequivocally that this is a constitutional order. It boggles my mind. Where were the lawyers when this decision was being made?

bats

#6
Jan 23, 2025, 04:43 PM
Quote from: Hobby on Jan 23, 2025, 04:37 PMThe only way birth right can be changed is by amendment.  Trump is making noise so people will think about this.
Trump has been making noise about this for at least ten years. He would have done it last time if there hadn't been a few adults in the room. Now, it's all Trump loyalists.

Hobby

#7
Jan 23, 2025, 06:33 PM
Quote from: bats on Jan 23, 2025, 04:43 PMTrump has been making noise about this for at least ten years. He would have done it last time if there hadn't been a few adults in the room. Now, it's all Trump loyalists.

I don't think a pregnant woman cross the border illegally her child should be automatic US citizen simply because the child born here.  I don't think that was the intention of the founders when they wrote the constitution. Constitution needs to be updated on many things.
Hobby

Danno

#8
Jan 23, 2025, 06:56 PM
Most that came through Ellis Island where not citizens when they had their kids in the 1920's. Which would include my dad. Which also became the Greatest Generation. Trump would've had them deported.
Just tap me on the head if I overstay my welcome

dogwalker

#9
Jan 23, 2025, 07:00 PM
In related news, Trump boosted the average post number here by about 1000%. 

bats

#10
Jan 23, 2025, 09:06 PM
Quote from: Hobby on Jan 23, 2025, 06:33 PMI don't think a pregnant woman cross the border illegally her child should be automatic US citizen simply because the child born here.  I don't think that was the intention of the founders when they wrote the constitution. Constitution needs to be updated on many things.
Maybe the Republicans can tack it on to the amendment proposed today by Rep. Andy Ogles (R-TN) that would allow Trump to serve a third term.

In a statement, Ogles pushed his head further up Trump's ass by claiming that Trump "has proven himself to be the only figure in modern history capable of reversing our nation's decay and restoring America to greatness, and he must be given the time necessary to accomplish that goal."

These people are fucking nuts.

Danno

#12
Jan 24, 2025, 09:57 AM
Just tap me on the head if I overstay my welcome

bats

#13
Jan 24, 2025, 12:01 PM
Quote from: Romanticlover on Jan 24, 2025, 05:18 AMhttps://www.scotusblog.com/2023/06/supreme-court-strikes-down-biden-student-loan-forgiveness-program/
This case is NOT an example of the Supreme Court finding an executive order to be unconstitutional, and the article you yourself linked doesn't say that it is.

Instead, the Court struck down the program because, in the opinion of the majority, the Biden administration misapplied a federal statute.
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