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SCOTUS will hear Birthright Citizenship case

Posted on 12/5/25 at 1:06 pm
Posted by cajunandy
New Orleans
Member since Nov 2015
867 posts
Posted on 12/5/25 at 1:06 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465517 posts
Posted on 12/5/25 at 1:07 pm to
Posted by SlayTime
Member since Jan 2025
3704 posts
Posted on 12/5/25 at 1:07 pm to
Let’s Go!

Get these 3rd world sublets out of here.
Posted by Cosmo
glassman's guest house
Member since Oct 2003
129160 posts
Posted on 12/5/25 at 1:09 pm to
Sadly think it will be 5-4 with roberts and barrett flipping because “feelings”
This post was edited on 12/5/25 at 1:10 pm
Posted by boosiebadazz
Member since Feb 2008
84419 posts
Posted on 12/5/25 at 1:09 pm to
Calling it now… they side with the Administration.
Posted by LordSaintly
Member since Dec 2005
42035 posts
Posted on 12/5/25 at 1:09 pm to
ACB will be a problem
Posted by hogcard1964
Alabama
Member since Jan 2017
17328 posts
Posted on 12/5/25 at 1:10 pm to
5-4

Kagel, Roberts, Sotohag and Gazoontite Jackson dissent.
Posted by evil cockroach
27.98N // 86.92E
Member since Nov 2007
8881 posts
Posted on 12/5/25 at 1:11 pm to
quote:

Calling it now
9-0 against Trump
Posted by Sassafrasology
Member since Nov 2025
609 posts
Posted on 12/5/25 at 1:12 pm to
Until Congress steps in the executive branch should have full authority to define “jurisdiction”.
Posted by deeprig9
Unincorporated Ozora
Member since Sep 2012
72980 posts
Posted on 12/5/25 at 1:13 pm to
Congress has to change the law.

9-0 against Trump on this one.
Posted by retired_tiger
Member since Oct 2025
335 posts
Posted on 12/5/25 at 1:14 pm to
Posted by boosiebadazz
Member since Feb 2008
84419 posts
Posted on 12/5/25 at 1:14 pm to
They would not agree to hear it if that were the case. Someone is looking to abrogate Wong Kim Ark.

I’ll bet we get a Thomas majority opinion stating the 14th was only for slaves and not what we see today.
This post was edited on 12/5/25 at 1:15 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465517 posts
Posted on 12/5/25 at 1:14 pm to
quote:

Until Congress steps in the executive branch should have full authority to define “jurisdiction”.


This makes, literally, no sense.

Apply this "logic" to the 2A or even 1A
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
73919 posts
Posted on 12/5/25 at 1:15 pm to
I don’t care how or why but please end it. We will be better off without.
Posted by BigJim
Baton Rouge
Member since Jan 2010
14964 posts
Posted on 12/5/25 at 1:15 pm to
I think birthright citizenship is a problem.

But I can't see how they overturn the precedent. They would have to overrule the original intent of the language, using the understanding at the time.

I guess you could use a "words on the paper" and those words change meaning over time type of argument. But that just slides us into judicial activism.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465517 posts
Posted on 12/5/25 at 1:15 pm to
quote:

I’ll bet we get a Thomas majority opinion stating it the 14th was only for slaves and not what we see today.


It would complete his journey abandoning textualism that he started during Trump 1
Posted by the808bass
The Lou
Member since Oct 2012
125240 posts
Posted on 12/5/25 at 1:15 pm to
Weird way to announce you’re retarded.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465517 posts
Posted on 12/5/25 at 1:16 pm to
quote:

They would have to overrule the original intent of the language, using the understanding at the time.

Textualism

quote:

I guess you could use a "words on the paper" and those words change meaning over time type of argument.

"Living document" analysis
Posted by the808bass
The Lou
Member since Oct 2012
125240 posts
Posted on 12/5/25 at 1:17 pm to
quote:

I’ll bet we get a Thomas majority opinion stating the 14th was only for slaves and not what we see today.


Which is mostly accurate.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
79881 posts
Posted on 12/5/25 at 1:17 pm to
This correlates with the dual citizenship issue.

If you were born on US soil but another nation recognizes you as their citizen, then you are subject to their jurisdiction not the US jurisdiction.
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