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The Supreme Court has issued a ruling on Trump v. Barbara (birthright citizenship). 6-3 striking down Trump's executive order. You can find the ruling here: https://www.supremecourt.gov/opinions/25pdf/25-365_4hdj.pdf
I've only had enough time to skim the ruling thus far. Jackson wrote a concurrence which I won't bother to read because she's the second most retarded member of the court (Sotomayor still reigns supreme in retardation). Kavanaugh partially concurred on the basis that this needed to be done by act of congress as opposed to executive order, but otherwise generally agreed with the Trump admin's interpretation of the 14th amendment. Thomas and Gorsuch outright dissented. Alito had his own separate dissent. Thomas's opinion includes several historical examples of people born on US soil to people not lawfully in the US who were denied citizenship, and I was not aware of these examples previously, making his the most interesting. Well that and the fact that it agrees with my 100% objectively correct and indisputable view of the matter of course.
This is roughly how most court-watchers expected this decision to turn out, but it still doesn't change the immense disappointment I feel over this news. Someone here earlier this week or last week said that this decision will be our generation's Dred Scott regardless of how it is decided, and that it will tear the union apart in similar fashion. Demographic changes in the West generally are leading to ever increasing tension and dysfunction, and I fear this decision will ensure that a breaking point is reached soooner, rather than later.
This being anything other than 9-0 is an ominous level of partisan hackery. Like it or not, the Constitution is unambiguous with respect to birthright citizenship.
Expect future decades of the big issues of our time being decided by judges because legislatures have abandoned their responsibilities, and declining civic participation and partisanship frustrates any attempts to amend constitutions.
No, it really isn't: "Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons." - Jacob Howard, drafter of the 14th Amendment
Children of foreigners, aliens, and diplomats were not intended to be covered by the 14th by the very author of the amendment.
Is that how you parse that quote? It seems to me he is referring exclusively to the children of foreign diplomats. Not three different categories of people (i.e., foreigners AND aliens AND those who belong to families of ambassadors...).
Howard in other instances seemed to very clearly anticipate that the 14th would apply to the children of people from other countries who were not (yet) American citizens. In any case, the amendment as written very obviously does not make the distinction you are purporting Howard to have made.
"This will not include persons born in the United States who are foreigners."
"This will not include persons born in the United States who are aliens."
"This will not include persons born in the United States who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States."
I'm struggling to find any other way to parse it.
Other parse: this will not include person born in the United state who are foreigners AND aliens AND belong to (the families of ambassdors OR foreign ministers). So to be exempt you'd have to be a foreigner and an alien and be born to an ambassador or minister accredited to the USA.
That's an incredibly motivated reading which would not be used in the vast majority of other contexts. If someone wants a vegetable soup but asks you to exclude red, orange, purple vegetables, you're not going to toss in some carrots and tell them that they weren't crazy stripey polka-dotted carrots with red and purple on them. It's clear what they meant.
The text does not use the word AND, it's just a list of three things and then says "all other classes are included", meaning that these three classes are not. There are not logical operators being applied here. I suppose an OR could be implied, but I don't think mathematical logic was developed or widespread enough for them to speak that way (since there's often ambiguity between OR and XOR). Just listing the three traits which are excluded, and then saying "all other classes are included" is pretty clear.
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