I think future showdowns are highly unlikely. Individual plaintiffs will receive the relief they seek and the EO will continue to be executed on a national scale. The Government repeatedly indicated at oral argument that it was happy to lose one individual plaintiff at a time. https://www.americascoach.com/p/the-casa-con-executive-overreach
I was just reading about the ACLU, etc filing class action suits on behalf of children. More NGO and tax dollars spent. Still a waiting game. SCOTUS is expected to rule on actual birthright citizenship next session; however, that means it may be a year before we get an answer. Thanks for reading!
I am not a lawyer, and I haven't been in a Holiday Inn Express in years however, reading the text of the 14th Amendment, and ascribing to it the meaning assumed by the writers, it seems the amendment applies to the children of ex-slaves only. That was the stated purpose of the amendment, that's what the language says. If you aren't a citizen you're not "subject to the jurisdiction thereof", you are a subject of your native land.
An amendment that was meant to solidify the standing of the children of ex-slaves gets used for a purpose for which it was not written - time for SCOTUS to fix this problem once and for all.
Subject to the jurisdiction thereof was a qualifier that Congress inserted, that passage has been erroneously misinterpreted by many to only apply to the children of foreign diplomats. If that’s what Congress meant they would have written except the children of diplomats, they didn’t because Congress meant more than just diplomats. What people forget is that when the 14th Amendment was passed Native Americans weren’t included due to Congress deeming them subject to tribal jurisdiction. This omission by Congress made it clear that Congress believed that passage meant 100% full jurisdiction of the United States a standard to which illegal aliens and those on temporary visas are incapable of meeting, an example would be that the United States couldn’t conscript illegal aliens or temporary visa holders for induction into the US Armed Forces if a draft were enacted.
Regardless of one’s feelings about Trump his Executive Order is a lot stronger legally and constitutionally than many give it credit for. This will wind its way to SCOTUS, and it’ll ultimately come down to what SCOTUS believes 1868 Congress meant with that passage and if they look at the actions of Congress, they’ll reach the conclusion that the executive order is valid.
I think future showdowns are highly unlikely. Individual plaintiffs will receive the relief they seek and the EO will continue to be executed on a national scale. The Government repeatedly indicated at oral argument that it was happy to lose one individual plaintiff at a time. https://www.americascoach.com/p/the-casa-con-executive-overreach
I was just reading about the ACLU, etc filing class action suits on behalf of children. More NGO and tax dollars spent. Still a waiting game. SCOTUS is expected to rule on actual birthright citizenship next session; however, that means it may be a year before we get an answer. Thanks for reading!
I am not a lawyer, and I haven't been in a Holiday Inn Express in years however, reading the text of the 14th Amendment, and ascribing to it the meaning assumed by the writers, it seems the amendment applies to the children of ex-slaves only. That was the stated purpose of the amendment, that's what the language says. If you aren't a citizen you're not "subject to the jurisdiction thereof", you are a subject of your native land.
An amendment that was meant to solidify the standing of the children of ex-slaves gets used for a purpose for which it was not written - time for SCOTUS to fix this problem once and for all.
Subject to the jurisdiction thereof was a qualifier that Congress inserted, that passage has been erroneously misinterpreted by many to only apply to the children of foreign diplomats. If that’s what Congress meant they would have written except the children of diplomats, they didn’t because Congress meant more than just diplomats. What people forget is that when the 14th Amendment was passed Native Americans weren’t included due to Congress deeming them subject to tribal jurisdiction. This omission by Congress made it clear that Congress believed that passage meant 100% full jurisdiction of the United States a standard to which illegal aliens and those on temporary visas are incapable of meeting, an example would be that the United States couldn’t conscript illegal aliens or temporary visa holders for induction into the US Armed Forces if a draft were enacted.
Regardless of one’s feelings about Trump his Executive Order is a lot stronger legally and constitutionally than many give it credit for. This will wind its way to SCOTUS, and it’ll ultimately come down to what SCOTUS believes 1868 Congress meant with that passage and if they look at the actions of Congress, they’ll reach the conclusion that the executive order is valid.
There’sa great PragerU video of your interested. Very short
I don’t disagree. 😊