Here is the very capable brief arguing this morning that Tangerine's Black Sharpie cannot strip the Constitution.
It will win the day.
. . .Being directed to follow the law as it has been universally understood for over 125 years is not an emergency warranting the extraordinary remedy of a stay. This Court should deny the federal government’s request.
Many aspects of constitutional interpretation are hotly debated, but not the merits question in this case. For over a century, it has been the settled view of this Court, Congress, the Executive Branch, and legal scholars that the Fourteenth Amendment’s Citizenship Clause guarantees citizenship to babies born in the United States regardless of their parents’ citizenship, “allegiance,” “domicile,” immigration status, or nationality.
President Trump, however, seeks to unilaterally upend this longstanding consensus by executive order. Unsurprisingly, every court to evaluate the Citizenship Stripping Order has found it unconstitutional. . . .
Now you know. Smiling. . . ever, smiling.
नमस्ते
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