The Supreme Court agreed on Friday to take up the constitutionality of President Donald Trump’s order on birthright citizenship declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.
The justices will hear Trump’s appeal of a lower-court ruling that struck down the citizenship restrictions. They have not taken effect anywhere in the country.
The case will be argued in the spring. A definitive ruling is expected by early summer.
They’re not going to directly overturn anything, they’re going to argue that people who aren’t in the US legally aren’t “subject to the jurisdiction thereof”, even though they’re subject to it’s jurisdiction enough to be arrested, tried and convicted. It’s generally been understood that the clause was meant to exclude people with diplomatic immunity or something like it, but SCOTUS will ignore that in the name of “originalism”.
If they’re not subject to its jurisdiction, that would mean that other laws do not apply to them
So being born here becomes illegal, therefore no citizenship? To whom would that amendment then apply? Only white folk?
Not to mention the craziness of applying this to births. There have been people harassed by ICE with Real IDs who have been told those are forgeries - do we expect parents to bring passports to the hospital to make sure their kids “count”?