• jordanlund@lemmy.world
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    16 hours ago

    Pending a ruling. Not uncommon.

    Then the ruling will get challenged to the next court up and so on until it hits the Supreme Court which will issue a 6-3 ruling agreeing with Trump.

    • NocturnalMorning@lemmy.world
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      16 hours ago

      It’s kinda written right there into the 14th ammendment. You’d have to agree that they are not subject to our laws, which would be a pretty hard sell even to this supreme court.

      • BlameTheAntifa@lemmy.world
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        15 hours ago

        This supreme court has shown repeatedly that they don’t care what the Constitution says, no matter how clear or obvious. Their “interpretive” power is so broad that they can, have, and will casually override it whenever they feel like it.

        • Bronzebeard@lemm.ee
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          15 hours ago

          They’ve always used some kind of ambiguity in wording to hide behind. There is none in regards to this. It is directly spelled out.

          • samus12345@lemm.ee
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            11 hours ago

            They’re basically like an evil genie. They’ll find SOME way to twist the words to mean whatever they want no matter how clear they appear to be.

          • kn33@lemmy.world
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            14 hours ago

            I think they might actually buy the argument around jurisdiction, which is… scary.

              • kn33@lemmy.world
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                13 hours ago

                No, you see, the argument will go that as long as they’re here illegally and free, they’re “unsuccessfully under jurisdiction” and once they’re arrested, they’re “under jurisdiction” and therefore the child isn’t a US citizen but “obviously while they’re here they’ll be punished for their crimes” once they’re “successfully under jurisdiction”

        • NocturnalMorning@lemmy.world
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          14 hours ago

          This one is plain language, and very explicit about who is a citizen. There was at least wiggle room to argue semantics about 14A S3, even though everybody knew what was intended by it. It is clear, concise, and very to the point.

          All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

    • usernamesAreTricky@lemmy.ml
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      15 hours ago

      SCOTUS is insane but they pick and choose when to be insane. Don’t assume all cases will go a given way

      The judge who just put a temporary injunction was even a Ronald Regan appointee

      • jordanlund@lemmy.world
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        15 hours ago

        I’d think the only way they’d rule against him would be to say “Interpreting the Constitution is our job, not yours.” But then they’d maintain the interpretation under their branding.

        • usernamesAreTricky@lemmy.ml
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          15 hours ago

          The right wing SCOTUS has ruled against more directly against Trump before, and has done so recently. For instance, he called for them to block the TikTok law, and they ruled 9-0 the other way.

          Or they also might just not pick up the case. SCOTUS often just lets rulings like this happen by letting the lower court rulings stand

          Every fight is worth having

    • Bronzebeard@lemm.ee
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      15 hours ago

      The moment they directly contradict specific plain text of the Constitution, they invalidate the document giving them their own authority.

      • NocturnalMorning@lemmy.world
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        14 hours ago

        Yeah, that’s what I think this is about. I don’t think they care at all about the birthright citizenship. They are testing what they can get away with, and how far they can push right now to tear up the constitution.