Please read: A Core Weakness In The Challenge To Birthright Citizenship in Trump v. Barbara
Excellent breakdown. Your point about this Court's view on statutes and executive power is exactly where the administration’s case completely falls apart.
While much of the surrounding commentary focuses on the theoretical meaning of "allegiance" under the 14th Amendment, the most immediate structural hurdle for the government is the explicit conflict between Executive Order 14160 and federal statute 8 U.S. Code § 1401(a).
Even if a court were inclined to reshape the Citizenship Clause, it must still explain how an executive order can override a congruent, long-standing federal statute that codifies the broad territorial rule. Crucially, the government chose a fundamentally weak path, relying on modern, evolving statutory classifications as criteria to force a massive doctrinal and constitutional stretch.
Given your comments on the court finding a way to narrow the ruling, would something to the effect that the individuals the 14th apply to must have intended to apply to live in the US? That might protect illegal immigrants asking for asylum, but not the individual on a two week tourist visa - even if overstayed.
Hope Springs Eternal… I personally will always have Hope, but I will not hold off on Prayer in favor of Action… I can, and will, do both…No holding back on either.
In God I Trust, and in my personal opinion, Mitch Jackson is an answer to my Prayers, and my Motivation for Action! I trust Mitch Jackson’s Expert Knowledge and Analysis, which is the Absolute Best!
Well, maybe, but 14AS3 was touted as sacrosanct by the likes of J Michael Luttig and Laurence Tribe.
I just heard Tom Homan and Ron Desantis on the radio. I did all I could to stomach listening to them given the overt violence and hate in their voices. That said, they both celebrated the two rulings today as evidence of Trumps strength. Really vile behavior.
I predict birthright citizenship will be a thing of the past and it will be, along with the soon to be engineered lower gas prices, primary campaign points from here until November 3rd. I further predict that the 187 million voters who put Trump in power will see all of this as benign and move on. I hate to say it but it sure appears as too many voters are fickle and easily disinterested.
I used to be a big fan. I stumbled across those two in 2017 and followed them like a religion. I listened to their every word. They provided hope. They said the Constitution would hold and that SCOTUS would hold the line.
Then 14AS3. Roe. So many others. They were both stunned. They were wrong. Tribe trained many on SCOTUS. They are his people. Roberts especially.
I knew then the system had collapsed and the country was completely exposed and being plundered.
As a great man once said, "Don't boo, vote." We need to rally everyone to register and vote in this year's midterms. That's the solution, that's the fix: giving Congress back power over subpoena and oversight power, the purse, and separation of powers. That will make this president a lame duck president for his last two years of office.
I spent much of my career leading the recovery for or helping distressed businesses either to die or recovery.
I know what happens when militant shareholders or investors don’t get onboard with a recovery effort.
Militant shareholders /investors are bought out so that recovery can proceed and the business survives, the business is sold and broken into pieces or the business dies.
I see the same scenario here. Independents are refusing to get involved. There is no way to sell the govt and there is no way for minority voters (democrats) to pull this off on their own. The country is already being stripped to the bone by the super rich and very soon there won’t be anything left.
It’s unclear to me how to get the 100 million independents to get on board.
I see there is a 17 page EO being prepared to declare a national emergency just prior to the midterm election.
It seems Blue state separation may be the alternative in order for those who are on board with survival to continue with the recovery process
I would not trust this court to rule in favor of birthright citizenship, and even if the Constitution protects it, these conservative Justices will not. They know that trump is monitoring them; after all, he owns them, and they owe him. Do not believe for even a microsecond that trump will let them forget that inconvenient fact
I think a few justices need to remember they are suppose to be neutral and lawful. Not racist, white supremist snd some form of Christless Christian. Not fascists. Not suppose to install a king. When the Dems take back the presidency- this court needs to be overhauled. White supremists working against the nation- charged as terrorists. The giggly Barrett that wants to go back to the time “ before civil rights” can go home and have babies snd snf live her choice not decide for us. Those paid for and purchased, wives recording millions for cases infront of the court- taxed and investigated for bribery and high crimes. It is time to set the laws right and the bought and paid for justices to be treated as ordinary Americsns. And rich immigrants, even married to citizens that lied on their citizenship papers- arrested and deported.
Please read: A Core Weakness In The Challenge To Birthright Citizenship in Trump v. Barbara
Excellent breakdown. Your point about this Court's view on statutes and executive power is exactly where the administration’s case completely falls apart.
While much of the surrounding commentary focuses on the theoretical meaning of "allegiance" under the 14th Amendment, the most immediate structural hurdle for the government is the explicit conflict between Executive Order 14160 and federal statute 8 U.S. Code § 1401(a).
Even if a court were inclined to reshape the Citizenship Clause, it must still explain how an executive order can override a congruent, long-standing federal statute that codifies the broad territorial rule. Crucially, the government chose a fundamentally weak path, relying on modern, evolving statutory classifications as criteria to force a massive doctrinal and constitutional stretch.
I have posted the open-access breakdown on my firm site for journalists and researchers tracking the case: https://kennedyvisas.com/blog-kl-insights/f/law360-a-core-weakness-in-the-challenge-to-birthright-citizenship
#TrumpvBarbara#BirthrightCitizenship#SCOTUS#ConstitutionalLaw
This court has a way of turning wins into losses for everyone. It's a tragedy, any way one looks at it. Thanks as always.
It is a tragedy. I have concerns, though, about what happens with the birthright citizenship case. Hopefully I'm right.
Any justice who votes against birthright citizenship has absolutely no right to serve on the Supreme Court
Or any US court.
I agree 100%.
From your lips to God's ears.....
My legal fingers are crossed. I'm an optimist, and I'm most certain the court will get this one right, but at this point, who knows?
Given your comments on the court finding a way to narrow the ruling, would something to the effect that the individuals the 14th apply to must have intended to apply to live in the US? That might protect illegal immigrants asking for asylum, but not the individual on a two week tourist visa - even if overstayed.
There's a lot to explore here, and I wouldn't be surprised if the court tries to carve this and other similar exceptions out in its ruling.
Let us hope and let *us hold off on prayer in favor of action.
Hope Springs Eternal… I personally will always have Hope, but I will not hold off on Prayer in favor of Action… I can, and will, do both…No holding back on either.
In God I Trust, and in my personal opinion, Mitch Jackson is an answer to my Prayers, and my Motivation for Action! I trust Mitch Jackson’s Expert Knowledge and Analysis, which is the Absolute Best!
Hope, Prayer, And Action! 🕊️🙏🏻🇺🇸♥️
Have a great day, everybody!
Massive action is always the solution to most challenges and problems. Fingers crossed.
Well, maybe, but 14AS3 was touted as sacrosanct by the likes of J Michael Luttig and Laurence Tribe.
I just heard Tom Homan and Ron Desantis on the radio. I did all I could to stomach listening to them given the overt violence and hate in their voices. That said, they both celebrated the two rulings today as evidence of Trumps strength. Really vile behavior.
I predict birthright citizenship will be a thing of the past and it will be, along with the soon to be engineered lower gas prices, primary campaign points from here until November 3rd. I further predict that the 187 million voters who put Trump in power will see all of this as benign and move on. I hate to say it but it sure appears as too many voters are fickle and easily disinterested.
I'm a big fan of Luttig and Tribe. We'll find out soon enough.
I used to be a big fan. I stumbled across those two in 2017 and followed them like a religion. I listened to their every word. They provided hope. They said the Constitution would hold and that SCOTUS would hold the line.
Then 14AS3. Roe. So many others. They were both stunned. They were wrong. Tribe trained many on SCOTUS. They are his people. Roberts especially.
I knew then the system had collapsed and the country was completely exposed and being plundered.
So disappointing.
As a great man once said, "Don't boo, vote." We need to rally everyone to register and vote in this year's midterms. That's the solution, that's the fix: giving Congress back power over subpoena and oversight power, the purse, and separation of powers. That will make this president a lame duck president for his last two years of office.
I spent much of my career leading the recovery for or helping distressed businesses either to die or recovery.
I know what happens when militant shareholders or investors don’t get onboard with a recovery effort.
Militant shareholders /investors are bought out so that recovery can proceed and the business survives, the business is sold and broken into pieces or the business dies.
I see the same scenario here. Independents are refusing to get involved. There is no way to sell the govt and there is no way for minority voters (democrats) to pull this off on their own. The country is already being stripped to the bone by the super rich and very soon there won’t be anything left.
It’s unclear to me how to get the 100 million independents to get on board.
I see there is a 17 page EO being prepared to declare a national emergency just prior to the midterm election.
It seems Blue state separation may be the alternative in order for those who are on board with survival to continue with the recovery process
You know it. I know it.
And I work every day to get more voters out.
Independents now comprise 47% of all voters. It’s a monumental challenge to overcome a 50 year history of not voting.
I would not trust this court to rule in favor of birthright citizenship, and even if the Constitution protects it, these conservative Justices will not. They know that trump is monitoring them; after all, he owns them, and they owe him. Do not believe for even a microsecond that trump will let them forget that inconvenient fact
They haven't given us any reason to trust them, have they?
I think a few justices need to remember they are suppose to be neutral and lawful. Not racist, white supremist snd some form of Christless Christian. Not fascists. Not suppose to install a king. When the Dems take back the presidency- this court needs to be overhauled. White supremists working against the nation- charged as terrorists. The giggly Barrett that wants to go back to the time “ before civil rights” can go home and have babies snd snf live her choice not decide for us. Those paid for and purchased, wives recording millions for cases infront of the court- taxed and investigated for bribery and high crimes. It is time to set the laws right and the bought and paid for justices to be treated as ordinary Americsns. And rich immigrants, even married to citizens that lied on their citizenship papers- arrested and deported.