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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.
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.
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.
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.
I think they might actually buy the argument around jurisdiction, which is... scary.
If they aren't under our jurisdiction, we can't arrest them for murder
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"
When the president does it, that means that it is not illegal.
SCOTUS seemed to not like a lot of Biden's EOs though, I wonder why that could be...
14A S3 didn't count, why should 14A S1?
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.