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re: Hintopoulos v Shaughnessy and its relevance to birthright citizenship

Posted on 4/2/26 at 8:05 am to
Posted by Easye921
Mobile
Member since Jan 2013
3149 posts
Posted on 4/2/26 at 8:05 am to
Personally, I think one of the parents must be a legal citizen for the baby to have citizenship. You know, like most of the world does. The fact that someone on vacation can come here have a baby and that kid becomes a US citizen is idiotic.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476763 posts
Posted on 4/2/26 at 8:05 am to
quote:

So you're saying that one set of Justice's opinions on a case can't ever be looked at again,


The Trump admin is not arguing to overturn WKA, FYI.

Posted by Bjorn Cyborg
Member since Sep 2016
35513 posts
Posted on 4/2/26 at 8:21 am to
Was the question of whether the child was or was not a citizen before the court?

Seems like those were just comments made, not decisions.
Posted by Riverside
Member since Jul 2022
10722 posts
Posted on 4/2/26 at 8:34 am to
The phrase from the opinion you’ve latched onto is clearly dicta. I’m not sure where you get your Supreme Court or legal news—I’m guessing Reddit—but you should really stick to Mexican engineering.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476763 posts
Posted on 4/2/26 at 8:37 am to
quote:

Was the question of whether the child was or was not a citizen before the court?

Seems like those were just comments made, not decisions.


It's not as much an argument about precedent as how the argument the admin is relying on lacks historical support and is a creation of the 21st century, really.

This case is an example of how the principles at issue weren't contested historically. Everyone agreed that BRC, even to illegals, existed.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476763 posts
Posted on 4/2/26 at 8:40 am to
quote:

The phrase from the opinion you’ve latched onto is clearly dicta. I

Nobody is arguing it is precedent.
Posted by Taxing Authority
Houston
Member since Feb 2010
63340 posts
Posted on 4/2/26 at 8:58 am to
quote:

1951 America did not have the same issues that we have today.
This makes no difference. It's not SCOTUS job to create laws or changes to laws we need.

It's been quite the s*it show watching some of y'all begging for legislation from the bench.
Posted by Taxing Authority
Houston
Member since Feb 2010
63340 posts
Posted on 4/2/26 at 8:59 am to
quote:

You see, personally I don't care to argue or debate what the amendment says, or how it's being interpreted.
Just remember neither do Leftists when they want to take away your 1A and 2A rights.
Posted by Taxing Authority
Houston
Member since Feb 2010
63340 posts
Posted on 4/2/26 at 9:01 am to
quote:

That’s been the interpretation forever. That doesn’t make it correct.

EXACTLY! The constution is a "living document". It's interpertation shild be flexible over time, and should be read however best fits the current agenda. <-- what Democrats have said for decades.
Posted by Taxing Authority
Houston
Member since Feb 2010
63340 posts
Posted on 4/2/26 at 9:03 am to
quote:

Yes, let's let our country be ruined and our children raped and murdered by illegals because the pieces of shite in congress are being paid to destroy our way of life.
Or, we could... you know.... vote congress memebers out.

Throwing out the Constitution because we're unhappy with Congress is silly.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23018 posts
Posted on 4/2/26 at 9:07 am to
But you see, when Democrats want SCOTUS to legislate from the bench it's bad, because leftists are bad. When I want them to do it, it's good, because my idea is the correct one.
Posted by Taxing Authority
Houston
Member since Feb 2010
63340 posts
Posted on 4/2/26 at 9:10 am to
quote:

There is no standard or precedent regarding "slipping US Jurisdiction". There is theoretically an argument about status, which is binary (are they here legally or illegally). There is nothing to justify creating a sub-class of the "illegal" portion of that binary decision and segregating them into "slipping US jurisdiction or not slipping US jurisdiction" (whatever that even means).
And I'd argue that people illegally coming here aren't trying to evade US jurisdiction, but are rather, seeking to be under US jurisdiction.

The logical pretzle requried to claim that illegals are not subject to US jurisdiction to make the 14A unapplicable is ... impressive. For a moment pretend the Aministrations position is affirmed. About 6 hours later some illegal is going to file suit that the US cannot remove them because they are not subject to US law.
Posted by the808bass
The Lou
Member since Oct 2012
128782 posts
Posted on 4/2/26 at 9:10 am to
Are you arguing that all “legislation from the bench” has the same moral or ethical value?

Or are you just yelling “hypocrite?”
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476763 posts
Posted on 4/2/26 at 9:11 am to
Don't forget how the same people will try to argue that they're promoting logic over emotions. Who will then argue that if you don't adopt their policy position here, literally your children will be raped by brown people.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476763 posts
Posted on 4/2/26 at 9:12 am to
quote:

Are you arguing that all “legislation from the bench” has the same moral or ethical value?

I don't think he is because that's not really relevant to his argument or the Constitutional argument being had by others?.

quote:

Or are you just yelling “hypocrite?”

That

ETA: I think a better way to describe it other than hypocrisy is that these people don't have sincere policy positions and they are just NPCs who repeat talking points and don't actually understand what they're talking about
This post was edited on 4/2/26 at 9:14 am
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23018 posts
Posted on 4/2/26 at 9:13 am to
quote:

Are you arguing that all “legislation from the bench” has the same moral or ethical value?

Or are you just yelling “hypocrite?”


The latter. I want the court to make decisions based on the letter of the law, not what moral or ethical value they assign to a decision. Making a moral determination and working backwards to a reasoning is what libs do
Posted by the808bass
The Lou
Member since Oct 2012
128782 posts
Posted on 4/2/26 at 9:13 am to
quote:

Who will then argue that if you don't adopt their policy position here, literally your children will be raped by brown people.


Probably not my children.

But someone’s.

SFP approves.
Posted by the808bass
The Lou
Member since Oct 2012
128782 posts
Posted on 4/2/26 at 9:14 am to
quote:

is what libs do


Thank you for your service.
Posted by the808bass
The Lou
Member since Oct 2012
128782 posts
Posted on 4/2/26 at 9:18 am to
quote:

I think a better way to describe it other than hypocrisy is that these people don't have sincere policy positions and they are just NPCs who repeat talking points and don't actually understand what they're talking about


A more charitable (and, at least in my opinion, more likely) reading of their position is that they see the gaming of the system and that it seems to only go one direction with regards to illegal immigration. And they mistakenly believe that our Justice system has any connection to the idea of justice. So they mistakenly think that justice should be achieved by the Justice system.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
150361 posts
Posted on 4/2/26 at 9:21 am to
quote:

So where does SFP stand
squarely on a soap box, if I had to guess
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