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re: SCOTUS will hear Birthright Citizenship case

Posted on 12/7/25 at 1:13 pm to
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22969 posts
Posted on 12/7/25 at 1:13 pm to
quote:

No, it does not. The governing principle here is the language of the 14th Amendment, NOT your simplistic understanding of "logic."

I assume this is exactly the principle SCOTUS will be looking at. So it is a little early to know what SCOTUS, and not you, would do. It's obvious this is not settled and it shapes up to be a pretty interesting case. In fact it could be a momentous case. Actually going back to understand the intent of the Amendment at the time it was ratified as opposed to how it is now being bastardized. And regardless of what you lawyers say, it is not settled. Yet.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467749 posts
Posted on 12/7/25 at 1:13 pm to
quote:

It's obvious this is not settled

It has been settled. For about 130 years. The question is if the current Court reverses the settled law.
Posted by idlewatcher
Planet Arium
Member since Jan 2012
92970 posts
Posted on 12/7/25 at 1:14 pm to
This thread should be stickied.
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22969 posts
Posted on 12/7/25 at 1:17 pm to
quote:

It has been settled. For about 130 years. The question is if the current Court reverses the settled law.


It has not. Like I said, lawyers....., sheesh. It has not been tested. And it had not been bastardized until fairly recently. By the way, we know a (wonderful) couple, now retired who are Canadian. And his mom came across the border to have her child in the US for some reason. And he is a US citizen now. Just an example of earlier bastardization.
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2476 posts
Posted on 12/7/25 at 1:18 pm to
quote:

It's obvious this is not settled and it shapes up to be a pretty interesting case
"Interesting" in the same sense that it is entertaining to watch a shitshow.

The arguments that the 14th Amendment does not grant birthright citizenship are (at best) disingenuous or (at worst) utterly asinine.

SCOTUS will discard them 7-2.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467749 posts
Posted on 12/7/25 at 1:19 pm to
quote:

sheesh. It has not been tested

What? WKA has been confirmed for over 100 years

quote:

. And it had not been bastardized until fairly recently.

The interpretation of Wong Kim Ark? How?

It's been pretty consistent since it's initial ruling in my eyes.

Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22969 posts
Posted on 12/7/25 at 1:20 pm to
I look forward to the oral arguments. Trump is getting what he wants. He writes an EO which is immediately challenged with much hand wringing (you for example). And upon challenge it finds its' way to the Supreme Court quickly. Who knows how they will rule??
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467749 posts
Posted on 12/7/25 at 1:21 pm to
quote:

EO which is immediately challenged with much hand wringing (you for example).


What?

quote:

And upon challenge it finds its' way to the Supreme Court quickly

It was unlikely to go any other way.
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22969 posts
Posted on 12/7/25 at 1:22 pm to
quote:

SCOTUS will discard them 7-2.


Wouldn't have taken the case if that slam dunk. And I'd take odds they will rule the protections given in the 1800s for certain disenfranchised residents of America are not what we are looking at now.
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22969 posts
Posted on 12/7/25 at 1:23 pm to
You hand wringing lawyer!
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22969 posts
Posted on 12/7/25 at 1:26 pm to
Man, you know most of us here don't like you. That's alright isn't it? So we should take your counsel here with a grain of salt.
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22969 posts
Posted on 12/7/25 at 1:27 pm to
quote:

It was unlikely to go any other way.


They could kick it back and let a lower circuit figure it out.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467749 posts
Posted on 12/7/25 at 1:30 pm to
Not with something this important. You can't have 2 appellate circuits have different rulings on this it would be insanity.
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22969 posts
Posted on 12/7/25 at 1:34 pm to
quote:

Not with something this important. You can't have 2 appellate circuits have different rulings on this it would be insanity.


But, but, they aren't going to touch something this sacrosanct. Illegal anchor baby parents forever or at least in every democrat administration. We deserve to fall as a country is we can't or won't control our borders. Yes, they're people who think like me and people who think like you.

Illegal immigration really isn't illegal.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
467749 posts
Posted on 12/7/25 at 1:36 pm to
quote:

But, but, they aren't going to touch something this sacrosanct. Illegal anchor baby parents forever or at least in every democrat administration. We deserve to fall as a country is we can't or won't control our borders. Yes, they're people who think like me and people who think like you.

Illegal immigration really isn't illegal.


Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
22969 posts
Posted on 12/7/25 at 1:37 pm to
Last word SFP gets the last word. Because he just has to.
Posted by dafif
Member since Jan 2019
7943 posts
Posted on 12/7/25 at 5:39 pm to
quote:

What? WKA has been confirmed for over 100 years


Just for the board to follow

What is the Exact Holding in WKA - not dicta - what did it specifically apply to?

To be fair - I'm not saying the 14th does or does not grant citizenship to illegals born here but I'm pretty comfortable the facts do not involve that
Posted by Taxing Authority
Houston
Member since Feb 2010
62653 posts
Posted on 12/7/25 at 5:52 pm to
quote:

All criminal laws apply to every person unless a diplomat
All laws actually, per WKA.
Posted by Taxing Authority
Houston
Member since Feb 2010
62653 posts
Posted on 12/7/25 at 5:55 pm to
quote:

A jperson can be "subject to the jurisdiction" of more than one nation.
Not really, no. If so, a foreign court could pardon any illegal that’s in jeopardy in a US court.

But that aside, even if we accepted somehow illegals were u see multiple jurisdictions, the 14th doesn’t say “sole jurisdiction” or address any necessity of being under the US as an exclusive jurisdiction.

Did WKA address that?
Posted by Taxing Authority
Houston
Member since Feb 2010
62653 posts
Posted on 12/7/25 at 5:57 pm to
quote:

Trump is getting what he wants. He writes an EO which is immediately challenged with much hand wringing (you for example).
I wish Trump would actually get birthright citizenship fixed rather than trolling with EOs. But that’s just me.
This post was edited on 12/7/25 at 5:58 pm
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