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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.
It is unambiguous.
The inclusion of the clause is unambiguous that not all those born in the United States are subject to its jurisdiction. Its enshrinement in the Constitution is the US government defining a hard limit on its own sovereignty. The argument of Wong Kim Ark is that "People born here are under US jurisdiction" when, for the clause, that is explicitly denied by 14A. Its first test and major precedent was a complete inversion of the language.
It's somehow worse than that. We see with these rulings that successive courts read 14A as though it were written:
That's not what it says, and to emphasize as it's beyond question, this is the obligate read of 14A by every court that has upheld categorical birthright citizenship. As their read necessarily omits the clause, they are tacitly admitting that with the clause their read is wrong.
And, qualitatively, Gorsuch consistently breaks ranks in preference to the text of laws as-written. If it were "unambiguous" in your sense, he would have joined the majority.
This doesn’t make any sense. If illegal immigrants are not subject to the jurisdiction of the United States, then there is no legal basis to deport them.
No, that's not true; it is accepted that diplomats and children of diplomats are not subject to the jurisdiction of the United States for the purpose of that clause, and they can still be deported.
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