There are 2 different suits out there now. This one was for immediate relief, a temporary order against action on the EO and the other is to rule prove the EO was unconstitutional, which may take longer.
As we learned with the 14th, anything that impedes the powerful needs a ton of "enabling legislation" to make it work. Otherwise, how would anyone know what the framers meant?
On the other hand, stuff that benefits the powerful is obvious, and "textualist" SCOTUS just ushers it straight on through.
Have you been paying no attention? The constitution and amendments only matter as much as the corrupt supreme corrupt decides they matter and there is a 50/50 chance the court ruled in trump’s favor (and that’s being optimistic)
Particularly because we've seen how easily the rich can game the process to their advantage. They're in there, greasing some cogs, seizing-up others, until the machine spits out exactly the candy bar they want.
And at the top of the heap, SCOTUS stands ready to do what it's told.
The (Reagan appointee) judge in fact, called it blatantly unconstitutional and told the DOJ that he couldn’t believe a member of the bar could state otherwise. So yes, very annoying since the judge is like “immediately no.”
One way to put a stop to this BS is wait for the DOJ to file a totally garbage suit, throw it out, declare the DOJ a "vexatious litigant" and bar them from filing new cases for...oh, let's say four years.
Damn Right, you can’t just change The Constitution unilaterally with a stroke of a pen by signing an executive order. I know there’s no RULE OF LAW anymore in America but that’s doesn’t mean the 3️⃣ branches don’t exist
@marcelias.bsky.social @democracydocket.com @aclu.org @joycewhitevance.bsky.social
I know they're not really sending their best here, but it looks like the entire basis of the EO is that immigrants aren't "subject to the jurisdiction of the US" and I don't think they've fully thought through the implications of that statement
The problem is that this ends with the extreme court, where all bets are off.
Then there's no recourse until the republican partisans are expelled or the court is expanded. What would we do? Pass another constitutional amendment?
Roe vs Wade was not law, it was judicial precedent, which can be overturned at will by SCOTUS. Birthright citizen ship is enshrined in the most base level laws of the country, the constitution. If they do overturn it, its constitutional crisis. which we should be in anyway after the immunity case.
And an Executive President is interpreting the Constitution which is the duty of the Judicial Branch. I do not trust a compromised Supreme Court.
We will have to get much more extreme to counteract the rightwing.
It's worth noting that giving Trump that kind of power actively fucks over SCOTUS, since their own power lies in being the sole interpreters of the Constitution. They have completely self-interested reasons to oppose Trump on this.
If this goes to the Supreme Court, and they ignore the constitution, then there will be NO CONSTITUTION. Therefore the president will no longer be legitimate.
I'm nowhere near as confident as some that when "birthright" reaches a 6-3 SCOTUS, Trump fails. Roberts is the only Con who MIGHT vote his conscience. The other 5 don't have one. The "subject to the jurisdiction thereof" excuse is already being widely circulated. https://americanmind.org/salvo/birthright-citizenship-game-on/
Comments
This is good news re Judge.
Girl, it’s right there in the 14 amendment.
On the other hand, stuff that benefits the powerful is obvious, and "textualist" SCOTUS just ushers it straight on through.
And at the top of the heap, SCOTUS stands ready to do what it's told.
@marcelias.bsky.social @democracydocket.com @aclu.org @joycewhitevance.bsky.social
Then there's no recourse until the republican partisans are expelled or the court is expanded. What would we do? Pass another constitutional amendment?
We will have to get much more extreme to counteract the rightwing.
A nation of gangsters, not laws?
https://americanmind.org/salvo/birthright-citizenship-game-on/
How long before he gets Impeached for his actions.