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re: SCOTUS Opinion Day - June 30

Posted on 6/30/26 at 10:27 am to
Posted by JimEverett
Member since May 2020
2518 posts
Posted on 6/30/26 at 10:27 am to
quote:

Were slaves, brought here against their will, permanently domiciled here? Ultimately, that's why the "domicile" question fails. If anyone could argue they weren't domiciled and allegent to the US it would be the very people the amendment was designed to protect.


Yes, I think slaves were permanently domiciled here. Just like Wong Kim ARk's parents were permanently domiciled here. And I think most illegals are permanently domiciled here (there are clearly exeptions). But more to the point - people here on visas are clearly, no possible denial, NOT permanently domiciled here. That is the class you go after via EO and the only class you go after.
Posted by Taxing Authority
Houston
Member since Feb 2010
63681 posts
Posted on 6/30/26 at 10:27 am to
quote:

we're stuck with an awful reality with respect to birthright citizenship and a giant welfare state.
We're not. Amendments exist. Constitution can be changed, but not from the bench, and not by EO. And that's a good thing.
Posted by TideCPA
Member since Jan 2012
14232 posts
Posted on 6/30/26 at 10:28 am to
quote:

Yup. Just like the nobody in 1789 could have possibly foreseen the consequences of semi-automatic firearms (2A), radio, TV, or social media (1A).

Guess those should be overridable with an EO too?
Why is everyone assuming I believe SCOTUS decided incorrectly here? The words mean what they mean, and Trump clearly overstepped. Doesn't make the situation any less shitty.
Posted by TideCPA
Member since Jan 2012
14232 posts
Posted on 6/30/26 at 10:30 am to
quote:

We're not. Amendments exist. Constitution can be changed, but not from the bench, and not by EO. And that's a good thing.
We can agree to disagree there. In the context of a giant welfare state like we currently have, functionally giving increasing electoral power to net takers is not actually a good thing, regardless of whether it's consistent with the language of an 1868 amendment.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23331 posts
Posted on 6/30/26 at 10:30 am to
quote:

Yes, I think slaves were permanently domiciled here. Just like Wong Kim ARk's parents were permanently domiciled here. And I think most illegals are permanently domiciled here (there are clearly exeptions). But more to the point - people here on visas are clearly, no possible denial, NOT permanently domiciled here. That is the class you go after via EO and the only class you go after.


Interestingly, this is exactly what Gorsuch seems to argue. It doesn't crack down on the children of illegals being made citizens, but it seems like there's an argument against temporary visa holders. I don't see how that helps the admin's mission though.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147683 posts
Posted on 6/30/26 at 10:33 am to
quote:

We're not. Amendments exist. Constitution can be changed, but not from the bench, and not by EO. And that's a good thing.

Honestly... this is where I'm at

I believe most policy related SCOTUS rulings should generally fall in 1 of 2 camps

1) That's your job, Congress, no one else's (like this 1)

2) That belongs to each state to decide how it wants to handle it (like gay marriage & abortion)
Posted by JasonDBlaha
Woodlands, Texas
Member since Apr 2023
4905 posts
Posted on 6/30/26 at 10:34 am to
quote:

Yep. The problem is nobody in 1868 could have possibly foreseen the consequences of that language being an invasion of third-worlders seeking the benefits of a giant welfare state; that concept would have been unbelievably alien.


Lyndon B Johnson changed this country forever when he signed the Hart-Cellar Act. He was an absolute disgrace of a president.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
479689 posts
Posted on 6/30/26 at 10:37 am to
quote:

Huh? I'm arguing the same words apply in the modern context. For speech, that's a good thing because it's consistent with the intentions of the drafters of that amendment.


He's saying that the 1A wouldn't protect internet speech, because it wasn't something foreseen at the drafting of the 1A
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
479689 posts
Posted on 6/30/26 at 10:38 am to
quote:

We can agree to disagree there. In the context of a giant welfare state like we currently have, functionally giving increasing electoral power to net takers is not actually a good thing, regardless of whether it's consistent with the language of an 1868 amendment.


This is living document analysis, similar to "the 2A only applies to muskets" arguments
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
479689 posts
Posted on 6/30/26 at 10:39 am to
quote:

I don't see how that helps the admin's mission though.


Posted by the808bass
The Lou
Member since Oct 2012
129272 posts
Posted on 6/30/26 at 10:40 am to
It is incredibly important to be logically consistent

And if the country falls into the shitter, that’s really of no consequence.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
23331 posts
Posted on 6/30/26 at 10:44 am to
quote:

It is incredibly important to be logically consistent

And if the country falls into the shitter, that’s really of no consequence.


Asking the Supreme Court to make decisions based on what you think the consequences are/should be rather than logical consistency and constitutionality is what libs do. We need hate speech laws and gun bans because "think of the children"
Posted by kingbob
Sorrento, LA
Member since Nov 2010
70813 posts
Posted on 6/30/26 at 10:44 am to
To be honest, the most important ruling today wasn’t Trump (maintained the status quo) or West Virginia (ends a lot of stupidity but doesn’t actually impact that many people).

The real impactful decision National Republican Senatorial Committee v. FEC. This decision effectively struck down limitations on campaign funds spent by political parties in coordination with candidates on candidates in races. This is a HUGE change. I am not sure if this change will make elections better or worse. I fear it will strengthen political parties, but it may also weaken Super PACs.
Posted by TideCPA
Member since Jan 2012
14232 posts
Posted on 6/30/26 at 10:44 am to
quote:

This is living document analysis, similar to "the 2A only applies to muskets" arguments
No it's not. This isn't a legal opinion, only my own opinion of current reality. The courts shouldn't overrule the plain text of the 14th for the same reason they shouldn't overrule the plain text of the 2nd.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
479689 posts
Posted on 6/30/26 at 10:45 am to
quote:

It is incredibly important to be logically consistent

And if the country falls into the shitter, that’s really of no consequence.


If we are no longer a nation of laws, I reckon the Leftists will have the advantage

This is like how the ruling yesterday neutering Congress will backfire in the end.
This post was edited on 6/30/26 at 10:46 am
Posted by BuckeyeGoon
Member since Jan 2025
1286 posts
Posted on 6/30/26 at 10:45 am to
Did Hitler or Mussolini ever have their courts review and strike down every action they tried to make? I'm just wondering because it doesnt seem like Trump is a very good fascist. Wouldnt a fascist have these judges thrown in prison and do what he wants anyway?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
479689 posts
Posted on 6/30/26 at 10:46 am to
quote:

No it's not. This isn't a legal opinion, only my own opinion of current reality.


If we claim the Constitution is invalidated as society changes, then there is no more Constitution. This is why the "living document" analysis is so scary.

quote:

The courts shouldn't overrule the plain text of the 14th for the same reason they shouldn't overrule the plain text of the 2nd.

I agree. How society changed since inception should have no weight in the conversation at all.
Posted by TideCPA
Member since Jan 2012
14232 posts
Posted on 6/30/26 at 10:48 am to
quote:

If we claim the Constitution is invalidated as society changes, then there is no more Constitution. This is why the "living document" analysis is so scary.
JFC. I agree with this decision, despite the horrible unintended consequences the plain language has precipitated.
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
28661 posts
Posted on 6/30/26 at 10:54 am to
quote:

The courts shouldn't overrule the plain text of the 14th



Good thing the 14th has no plain text.
Posted by lionward2014
New Orleans
Member since Jul 2015
14274 posts
Posted on 6/30/26 at 10:57 am to
quote:

Good thing the 14th has no plain text.


It's as unambiguous as "shall not be infringed."
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