Tuesday, June 30, 2026

The Nonsense Attempt To End Birthright Citizenship... Is Dead: SCOTUS.


The obviously plain language of the Fourteenth Amendment was never in doubt, despite the MAGA sophistry suggesting otherwise. Even so, this is good news. Barrett, Kavanaugh and Roberts agree with the usual three making it a 6-3 decision. If you are born here -- you are a citizen, if you want to be. Full stop -- just as we repeatedly said, for over a year.

More problematical, though was the morning's decision on student athletes. It seems the 3/5ths of a person compromise (for now) is to say trans-athletes in red states must move into blue states, and change schools, in order to compete. That is just political posturing, not legal reasoning. The supposed Supremes' "conservative" majority is more a mini-Congress, than a caller of balls and strikes now, it seems. Ugly.

Here is a bit of the unsurprising birthright case:

. . .To understand the Citizenship Clause of the Fourteenth Amendment, it is first necessary to understand the context in which it arose -- and the opinion of this Court, Dred Scott v. Sandford, 19 How. 393 (1857), that it rejected. . . .

[The full text of the Tangerine 2.0 (now enjoined) Sharpie scribble] declares that “the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary. . . and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth. . . .” [Obviously this violates the plain meaning of the 14th Amendment, which ended Dred Scott.]

In a Nation of immigrants -- an “asylum for mankind,” in Thomas Paine’s words -- jus soli’s broad scope took on particular importance. Common Sense (1776), in 1 Writings of Thomas Paine 101 (M. Conway ed. 1894). The young Republic attracted tens of thousands of émigrés from the Old World—Scotch-Irish, French, German, Welsh, and many more, some of whom hoped to stay only a short time, others of whom hoped never to leave. . . .


That is what the lady in the harbor promised -- and still promises -- with her torch aloft. There is much more in the reasoning -- do go read it all. It is a fabulous civics lesson -- one Tangerine 2.0 obviously slept, and sleeps. . . through.

Onward, into the steamy end-of-June air -- and baby grrls. Smile. . . with a Moderna update next, as it is finally starting to approach its fair value.

नमस्ते

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