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PaperclipPerfector  8d ago (text post)   28841 thread views

Culture War Roundup for the week of July 7, 2025

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Trump's executive order purporting to deny United States Citizens their birthright citizenship is, yet again, enjoined nationwide. Judge Joseph Laplante issued an order certifying a nationwide class under FRCP 23(b)(2) and enjoining enforcement of the executive order as to that class.

The nationwide class consists of:

All current and future persons who are born on or after February 20, 2025, where (1) that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

Essentially, every child who would be denied citizenship by the executive order. Notably the plaintiffs in this case asked parents be included in the class but the judge found that would create issues of commonality. All the children share the same facts and harm (exclusion from United States citizenship) but the way that harm manifests to parents may be diverse. Also answers some questions I had about whether class litigation can include future class members (it can).

This is probably going to be the template for nationwide relief post-CASA.

I'm not a lawyer, but I'm interested in the fact that the judge has defined a class where, due to the linear nature of time, the majority of the members of the class do not actually exist.

Is there any historic precedent for that kind of class? It seems like there's an issue if standing if you don't exist yet. Is this some sort of legal fiction, like when the government sues a barrel of vinegar?

You could make an argument where all laws, no matter how trivial, have a material impact on the nations of men unborn. So on one hand, it is you, who have the audacity to try and do anything, with only the minority of people who are actually living. And it is I, who have the legions of uncountable ranks of unborn humanity, have the sovereign interest to prevent you from doing that.

"Unborn children! The future belongs to them! And that's why they should be allowed to vote. I've summoned this swarm of 10,000 unborn souls: they all vote for me!"

"They're disqualified! For being underage!"

"And yet you may summon the restless dead to vote for you?"

"You have to let the dead vote! Otherwise you'd just kill people you disagree with!"

-Oglaf (Site otherwise NSFW.)

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