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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.
I think it would be fair to just call this 5-4 so I guess this is still in play. This is probably 9-0 or 8-1 in 2018.
This might be worth Trump ignoring the court and challenging their authority which has always been an important balance of power. He could just lose the citizenship paperwork.
The question now comes down to how long does Sotomayors health hold up. Birthright is dead if anything happens to her and the GOP holds the Presidency.
Believing that it’s actually 5-4 requires believing that either Kavanaugh will fold or that Congress (to satisfy him) passes the requisite law with a 60 seat senate majority which the GOP is not going to have, and even if it did have it you’d need in the region of 65-70 GOP senators because the liberals will vote against it just like Roberts and ACB did.
You only need 50 Senate votes. And yes it’s time to get rid of the filibuster. The legislature should doing more legislating and the courts less.
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