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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.
What's your opinion on Obergefell? Was that ominous?
Yes. I think that legalizing gay marriage is/was a good thing, but I am skeptical of doing it via tenuous legal mechanisms rather than via the elected representatives of the people or referendum. I don't think that ruling was as tortuously reasoned as Roe v Wade (or the dissenters in this judgment), but it took an issue that should've been decided by legislatures and instead hinged it on a 5-4 decision on shaky grounds. At this point it does not look like gay marriage is particularly at risk of being undone but we've been through this before and it's no guarantee of it surviving forever.
It is clear that in the aftermath of Obergefell both the left and right wings of American politics have decided to use the courts as their primary means of advancing their "big issues" rather than Congress, or god forbid, actually persuading the public.
If the courts didn't want to be used as a backdoor to legislation by tenuous legal mechanism then the courts should not have seized the power of the legislature by backdooring legislation by tenuous legal mechanisms.
I think the legislature has abdicated its power to the court (and the executive), much more than the court seizing it.
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