The Court took the question to end the wasteful posturing in various appellate courts -- torturing the actual words, to try to force a Trumpian meaning from them. Essentially, holding that the words mean the opposite of what they've said -- for nearly 200 years. ["We do not hide elephants. . . in mouse-holes. . . ."]
I for one know the Court won't give in to this malign idiocy. This will break 7-2 against Tangerine 2.0. [With boring but predictable dissents from Thomas and Alito.] Here is why -- exactly:
. . .The Fourteenth Amendment begins with a clear and solemn guarantee: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” In 1898, this Court held that this provision means what it says, safeguarding U.S. citizenship at birth for all persons born in this country, with only a handful of exceptions not applicable here. United States v. Wong Kim Ark, 169 U.S. 649 (1898). In 1940 and again in 1952, Congress codified the language of the Citizenship Clause -- incorporating the then-prevailing understanding of those words as construed by this Court’s decision in Wong Kim Ark.
Executive Order 14,160 purports to strip birthright citizenship from persons born in the United States to parents who lack permanent immigration status. The Order is squarely contrary to the constitutional text, this Court’s precedents, Congress’s dictates, longstanding Executive Branch practice, scholarly consensus, and well over a century of our nation’s everyday practice. Accordingly, the district court below, like every other court that has reached the merits questions, correctly held that the Order violates both the Fourteenth Amendment and, independently, 8 U.S.C. § 1401(a). . . .
As I've said on this topic, previously -- I will readily admit to being. . . an optimist. But I am not a. . . wild-eyed one. The 14th Amendment means what it says.
Onward, with a chilly grin -- out, to the trains. And. . . as ever, onward!
नमस्ते







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