this post was submitted on 23 Jan 2025
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[–] jordanlund@lemmy.world 77 points 1 week ago (3 children)

Pending a ruling. Not uncommon.

Then the ruling will get challenged to the next court up and so on until it hits the Supreme Court which will issue a 6-3 ruling agreeing with Trump.

[–] NocturnalMorning@lemmy.world 34 points 1 week ago (3 children)

It's kinda written right there into the 14th ammendment. You'd have to agree that they are not subject to our laws, which would be a pretty hard sell even to this supreme court.

[–] BlameTheAntifa@lemmy.world 35 points 1 week ago (1 children)

This supreme court has shown repeatedly that they don’t care what the Constitution says, no matter how clear or obvious. Their “interpretive” power is so broad that they can, have, and will casually override it whenever they feel like it.

[–] Bronzebeard@lemm.ee 7 points 1 week ago (2 children)

They've always used some kind of ambiguity in wording to hide behind. There is none in regards to this. It is directly spelled out.

[–] samus12345@lemm.ee 3 points 1 week ago

They're basically like an evil genie. They'll find SOME way to twist the words to mean whatever they want no matter how clear they appear to be.

[–] kn33@lemmy.world 1 points 1 week ago (1 children)

I think they might actually buy the argument around jurisdiction, which is... scary.

[–] Feathercrown@lemmy.world 6 points 1 week ago (1 children)

If they aren't under our jurisdiction, we can't arrest them for murder

[–] kn33@lemmy.world 3 points 1 week ago

No, you see, the argument will go that as long as they're here illegally and free, they're "unsuccessfully under jurisdiction" and once they're arrested, they're "under jurisdiction" and therefore the child isn't a US citizen but "obviously while they're here they'll be punished for their crimes" once they're "successfully under jurisdiction"

[–] catloaf@lemm.ee 14 points 1 week ago (1 children)

When the president does it, that means that it is not illegal.

[–] growsomethinggood@reddthat.com 11 points 1 week ago

SCOTUS seemed to not like a lot of Biden's EOs though, I wonder why that could be...

[–] Nougat@fedia.io 6 points 1 week ago (1 children)

14A S3 didn't count, why should 14A S1?

[–] NocturnalMorning@lemmy.world 1 points 1 week ago* (last edited 1 week ago)

This one is plain language, and very explicit about who is a citizen. There was at least wiggle room to argue semantics about 14A S3, even though everybody knew what was intended by it. It is clear, concise, and very to the point.

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.

[–] usernamesAreTricky@lemmy.ml 17 points 1 week ago* (last edited 1 week ago) (1 children)

SCOTUS is insane but they pick and choose when to be insane. Don't assume all cases will go a given way

The judge who just put a temporary injunction was even a Ronald Regan appointee

[–] jordanlund@lemmy.world 6 points 1 week ago (1 children)

I'd think the only way they'd rule against him would be to say "Interpreting the Constitution is our job, not yours." But then they'd maintain the interpretation under their branding.

[–] usernamesAreTricky@lemmy.ml 12 points 1 week ago

The right wing SCOTUS has ruled against more directly against Trump before, and has done so recently. For instance, he called for them to block the TikTok law, and they ruled 9-0 the other way.

Or they also might just not pick up the case. SCOTUS often just lets rulings like this happen by letting the lower court rulings stand

Every fight is worth having

[–] Bronzebeard@lemm.ee 5 points 1 week ago (2 children)

The moment they directly contradict specific plain text of the Constitution, they invalidate the document giving them their own authority.

[–] NocturnalMorning@lemmy.world 1 points 1 week ago

Yeah, that's what I think this is about. I don't think they care at all about the birthright citizenship. They are testing what they can get away with, and how far they can push right now to tear up the constitution.

[–] GraniteM@lemmy.world 1 points 1 week ago

Which would also be the end of their usefulness to Trump et al.