• mienshao@lemm.ee
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    3 months ago

    This is the final nail in the coffin of the Constitution. As a lawyer for the federal government, I need everyone to know that this officially marks the end of United States rule of law. Protect yourselves, and godspeed.

    • redsand@lemmy.dbzer0.com
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      3 months ago

      Billionaires and politicians. No one else matters. Don’t be distracted by the broke Nazis at ICE. The true threat numbers in the hundreds.

    • conditional_soup@lemm.ee
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      3 months ago

      I’m coping so hard by hoping that we swing very hard to the left, if only just so that these cynical, fossilized assholes live to see their bullshit rulings used against them.

    • gatohaus@eviltoast.org
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      3 months ago

      This is definitely worrisome.

      But is it the end of the Constitution quite yet?

      The Supreme Court hasn’t weighed in on the executive order trying to negate birthright citizenship, they said that lower courts couldn’t block EO’s at a national level.

      Implicitly, their not commenting on the EO feels like they’ll let it stand when the case arrives, if they choose to hear it. Then I’d say the US Constitution is toast.

      I’m an engineer, not a lawyer. I’d love to hear what someone more knowledgeable about this thinks.

        • NotAnotherLemmyUser@lemmy.world
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          3 months ago

          I’m not happy about this either, but let’s just make sure we’re all on the same page here:

          They ended the ability of the Judiciary to check the Executive.

          No, they ended the ability of the lower courts to check the executive nationwide. The supreme court can still check the executive (and the US Court of Appeals?).

          Now I’m trying to figure out if the lower courts can still check the executive, but only in their respective areas, or if they can make a decision, but it has to be confirmed by (at least?) the court of appeals.

          From what I’m reading here: https://www.scotusblog.com/2025/06/supreme-court-sides-with-trump-administration-on-nationwide-injunctions-in-birthright-citizenship-case/

          It looks like a lower court can still request to check the executive, but the higher courts will need to grant it. At least according to Kavanaugh’s opinion:

          the courts of appeals and the Supreme Court will inevitably weigh in on district court decisions granting or denying requests for preliminary injunctions.

          • voracitude@lemmy.world
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            3 months ago

            Yes, let’s make sure we’re on the same page. You’re talking about theory, I’m talking about practice - which, in theory, are the same. In practice, however…

      • 𝕱𝖎𝖗𝖊𝖜𝖎𝖙𝖈𝖍@lemmy.world
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        3 months ago

        There isn’t going to be a single moment where the constitution stops existing. It’s not like a light switch. It’s a rapid erosion, like the start of a landslide, and the snow is already moving

      • TotallynotJessica
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        3 months ago

        Yes it is. Trump can effectively ignore any constitutional amendment for more than long enough to start sending people to concentration camps. This also probably isn’t the end of it, as I doubt the justices will be more willing to stand up to him in the future once he’s consolidated power further.

      • jj4211@lemmy.world
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        The fact they took a copout path to not speak to the important part is a worrisome sign. If the matter were actually before them, they may rule it as unconstitutional, but they seem to be inclined to have the matter never be technically before them.

        A district ruling against the order? Let it stand without taking up the case and potentially setting it nationwide. The people have no standing to appeal because they won their case.

        Oh look, a jusge in Texas ruled in favor of the order, all of a sudden the government is shuffling immigrants around and deporting all birthright citizens from that jurisdiction.

  • WatDabney@fedia.io
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    3 months ago

    So literally what happened here is Trump said, “I want to violate the Constitution” and the Supreme Court said, " Okay — go ahead."

    And that’s it for the rule of law in the US.

    All that’s left now is to tally the mass murders along the way to the inevitable collapse of the US, and to hope that our descendents can build something better out of the rubble.

    • SCmSTR
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      3 months ago

      The US collapsing is going to absolutely affect the rest of the world. This is very VERY bad.

  • QuarterSwede@lemmy.world
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    3 months ago

    Lest we forget:

    Fourteenth Amendment, Section 1:

    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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    Pretty hard to argue that “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” doesn’t mean what it clearly states. It’s not even in legalese. The fact that this wasn’t laughed out of court says everything.

    • TheReturnOfPEB@reddthat.com
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      3 months ago

      It is just a fucking piece of paper.

      If the judges and politicians and police don’t care and no one else can do anything then it means nothing.

      It is this or bloody revolution and that would lead to the US being invaded by multiple other countries and shit getting worse and worse.

      North Korea of America is where we are now.

      • thanksforallthefish@literature.cafe
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        3 months ago

        Uggh. I can work out whether to upvote you for the accurate summary of the source of law & state power or downvote you for the utter idiocy of the invasion statement.

        Russia can’t - they’re struggling to take over a country a fifth their size and have burnt through their Soviet stockpiles.

        UK & EU certainly won’t invade, at most they’d send a peacekeeping force to protect civilians at a UN request (UN probably wouldnt pass it)

        Canada will be stretched just keeping fighting out of its borders.

        Mexico might just on principle (payback’s a bitch) but has bugger all capacity.

        Same for South American Asian and African countries.

        That leaves China, and if you think the Chinese are stupid enough to insert themselves in your civil war and create a sole enemy for both sides to fight you have zero understanding of the Chinese strategy.

        The Chinese will wait for you all to decimate the country and each other, then come in and buy up the bits they want. Oh and invade Taiwan while y’all are busy destroying your country.

        Putin’s plan to destroy the US has worked magnificently.

        • AA5B@lemmy.world
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          3 months ago

          Canada will be stretched just keeping fighting out of its borders.

          Canada just needs to send one guy over to say “you should be our eleventh province” and most of New England will say “yes please, I’m sick of whatever shit the regressives are doing now”

      • grue@lemmy.world
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        3 months ago

        It is this or bloody revolution and that would lead to the US being invaded by multiple other countries and shit getting worse and worse.

        No other nations are going to be invading the US, let alone multiple of them. They don’t have the logistics for it.

        • WoodScientist@sh.itjust.works
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          3 months ago

          Other nations wouldn’t invade. But in the event of a civil war, you can be certain they would be sending in plenty of heavy weaponry.

          • thanksforallthefish@literature.cafe
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            3 months ago

            Other nations wouldn’t invade. But in the event of a civil war, you can be certain they would be sending in plenty of heavy weaponry.

            The US has more military equipment and munitions than the next 5 ranked countries put together - why on earth would there be a need to send weapons ?

            Secondly who would be sending weapons ? Russia needs to finish their own war before they could send help to Trump (who will probably have the bulk of the reserves initially), China is unlikely to want to side with either faction, although I’m sure they’d be happy to sell “consumer” Mavic drones to both sides (a la Ukraine).

            The remaining western democracies have barely enough capacity to keep Ukraine afloat, although they would side with a pro-democracy anti-Trump faction if it garnered enough support to have a chance but with the massive stockpiles in the US being 100x what the rest of the west has it would be like pissing in the ocean.

            In the event of a civil war pro-democracy Americans need to bring military commanders on side so they can utilise existing US stocks - you have the biggest ammo and weapons dumps in the world.

    • WalnutLum@lemmy.ml
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      The problem is and has always been “and subject to the jurisdiction thereof”

      People have been twisting that to mean that anyone that isn’t born to American citizen parents means that you are not subject to the jurisdiction of the United States.

        • Laser@feddit.org
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          3 months ago

          Yeah, this is the thing that’s ignored because it would let the whole narrative collapse.

          Either you can’t deport them because they’re American citizens, or you can’t deport them because they’re not subject to your laws anyway. But in the end, this would just lead to (more) unlawful / illegal deportations.

      • WoodScientist@sh.itjust.works
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        3 months ago

        States need to criminalize the behavior of ICE officers and start arresting them en masse. ICE agents will be free to challenge their imprisonment individually.

    • Tidesphere@lemmy.world
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      3 months ago

      I saw a person trying to all caps “and subject to the jurisdiction thereof” screaming that this specific clause somehow is the piece that excludes birthright citizenship because something something loyalty to other countries?

        • Tidesphere@lemmy.world
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          I think the argument was that if your parents are not naturalized citizens, then that means they’re not ‘subject to the jurisdiction thereof’. So like, if the parents ‘owe allegiance’ to their previous country then it makes the kid a citizen of the parents’ original country, and not the U.S.

          But it’s all actually bullshit to try and justify not wanting brown people to be U.S. Citizens tbh.

  • merc@sh.itjust.works
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    3 months ago

    If you end birthright citizenship, then nobody gets to be a citizen by birth. If you can’t be a citizen by birth, the only way to become a citizen is naturalization. If the only citizens are naturalized people, the country is 100% immigrants.

    • ILikeBoobies@lemmy.ca
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      And if immigrants don’t need due process and can be sent to concentration camps then it’s really easy to make anyone disappear

      • merc@sh.itjust.works
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        If immigrants don’t get due process, then nobody gets due process.

        You could arrest Bill Clinton and claim he’s an immigrant. If that means he doesn’t get due process, he can never prove he’s not an immigrant, and so he’s stuck in Guantanamo forever.

      • merc@sh.itjust.works
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        3 months ago

        A mix of first generation immigrants, 2nd generation, 3rd generation, 4th generation, a few remaining natives.

        100% first generation immigrants would be a major shift.

      • CheeseNoodle@lemmy.world
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        A bunch of religous people who were welcomed into multiple countries but then got mad that everyone around them didn’t belive in their exact same religon they did so they found a new place and committed some genocide before building up a mythology about how they had to do it in order to flee religious persecution?

    • LifeInMultipleChoice@lemmy.world
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      It’s just the title, it even says in the article he would move forward with trying to redefine the 14th amendment. Basically it’ll be if your parents are citizens, and your born here, you’ll be a citizen. (My best guess)

        • LifeInMultipleChoice@lemmy.world
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          No, right now if your parents aren’t citizens, and you are born here, you become a citizen. Say you come on a student visa, get pregnant your junior year and drop out of college to take care of your baby and try to figure out a life, the baby is a U.S. citizen. Very clearly as you can see that mother and child are a huge risk to national security. A person going to work and paying taxes while raising a kid and helping with the birthrate decline they supposedly care about is something we just can’t have.

          • ricecake@sh.itjust.works
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            3 months ago

            The only moral way to fix the falling birthrate is to outlaw contraception and abortion, increase economic desperation to create a surge of underemployed young men, and increase the amount of anti-woman rhetoric and policy in popular culture and government.
            You see, an increase in unemployment leads to an increase in baseline crime statistics, and an increase in dehumanizing and hateful attitudes towards women increases the rate of rape, which is now harder to prosecute. Devoid of any options, the birth rate rises and in many cases women are forced by implicit circumstances to limit their lives in ways they would not otherwise choose.
            It’s a tactic explored by the Romanians, but it didn’t pan out. Clearly they allowed too many exceptions for maternal well-being, birth defects, rape and incest.

            • LifeInMultipleChoice@lemmy.world
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              Exactly, then you outlaw homelessness and deplete protection programs. This will ensure we can fill privately owned and operated prisons and use their labor to work the low paying jobs at a vastly lower pay.

              Note from the article below. They claim “some of the most violent prisons” yet some of them are allowed to work 40 hours and some go home for the weekend to stay unsupervised. That doesn’t sound like a very dangerous person… In fact why are they holding them at all. Commute their sentence to probation at that point and let them get paid the actual wage. It would decrease our prison costs, while increasing taxes paid to the government and economic gains. We need to rework the prison systems to rehabilitation with much earlier releases if they are deemed safe to be working around the non incarcerated population. After all they are only supposed to be locked up because they are “a threat” to to the non incarcerated population.

              And yes, that chart says the highest minimum wage is .35 cents and hour for incarcerated people. 5% of the federal minimum wage that is unlivable… meaning they can’t make anywhere near the money they need to save up for a roof and transportation to a job if they can find one when they get out. Throw in that many prisons charge inmates for being there… They have debt when they get out they need to pay off, so their credit will likely be shot.

              https://www.business-humanrights.org/en/latest-news/usa-more-than-500-businesses-including-mcdonalds-burger-king-and-walmart-using-alabama-prisoners-as-cheap-labour-a-two-year-investigation-has-found/

    • j0ester@lemmy.world
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      This was initially what was Donald’s EO and such, but blue states (of course) noticed he fucked up (imagine having so much money and you can’t have a better team looking over your shit), that they had to change it.

      Now it states that parents in the US legally can have a kid and it will be a citizen. But not parents who’s here visiting and such. But what if a mom is an illegal and dad is legal? What would the kid be?

      • prole
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        But what if a mom is an illegal and dad is legal? What would the kid be?

        How brown is their skin?

      • merc@sh.itjust.works
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        The alternative to birthright is blood right or inheritance right.

        Which is a right based on your conditions of birth, and therefore a form of birthright citizenship. Both Jus Sanguinis and Jus Solis are forms of birthright citizenship.

  • HurlingDurling@lemm.ee
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    At what point does everyone say “if he’s not following the law, then neither should we”?

    • WoodScientist@sh.itjust.works
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      At the very least, I would like to see every Democratic lawmaker calling for the open violation of Supreme Court rulings. They are a fundamentally illegitimate institutions. Their opinions should be given less respect than the opinions of a shit-covered hobo holding an “the end is near” sign by the side of the road.

    • Jhex@lemmy.world
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      That point was sometime around the first term but the “wE aRe NOt thERe Yet” crowd keeps moving the goal post

  • SCmSTR
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    3 months ago

    Wait … Doesn’t “citizenship” mean where you’re born?

    It’s either where you’re born or where you live. Which is it?

    Wtf even is citizenship then?

    “I’m from Ireland” is synonymous with “I’m Irish”… Right?

    So if you’re born in America, wouldn’t you… Be American?

    If he takes that away, you aren’t just magically from nowhere, you’re still American.

    This is stupid and makes no sense, it’s all just classism and racism. I hate everything.

    • ToastedRavioli@midwest.social
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      Its the same as the election between Obama and McCain, in ways a lot of people dont realize.

      Obama, by virtue of having a non-traditional name and not being white, was hounded by birthers despite being born an American citizen clear as day with absolutely no question about it.

      McCain was born in the Panama Canal Zone the year before people born in the canal zone were granted citizenship at birth. Arguably he was not a citizen at birth under the definitional requirements of the constitution to be president. He was naturalized as a citizen retroactively.

      Palin is part native, and was pretty heavily involved with Alaska Native movements that rejected US sovereignty and thereby rejected claims to citizenship. But no one talked about that either because shes also largely seen as just being a white American.

      And yet Obama, who was American thru and thru from birth without question, never was involved with Hawaiian sovereignty movements, is the one whos citizenship was questioned.

      “White makes right” is the rule of law to these people

    • Kazumara@discuss.tchncs.de
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      Doesn’t “citizenship” mean where you’re born?

      Only in the new world continents. In Africa, Europe, and Asia it normally means what country your parents and grandparents are from, unless someone in the chain naturalises to a different country.

      • mic_check_one_two@lemmy.dbzer0.com
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        3 months ago

        Yup, and when you don’t have any citizenship, you’re stateless. It causes a lot of issues internationally, because a stateless person can’t have a passport, can’t immigrate, can’t hold a legal job because they can’t get a work visa without a passport, etc… Notably, the US is one of the few countries that refused to sign on with the Convention on the Reduction of Statelessness. Basically, the convention would prevent a country from revoking someone’s citizenship if they don’t have a valid claim elsewhere. And the US refused to sign.

    • Hildegarde
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      Most people are citizens of where they also live and give birth so this distinction doesn’t come up in most cases. But for children born to immigrants or travelers it does.

      Citizenship can either be assigned by where you were born, or who you were born to.

      Birthright citizenship, as we use the term in the US, is mostly a new world invention. In nearly all countries in the americas, any children born here are citizens without exception. No matter the parents, no matter the circumstances.

      In the old world, most countries require a parent to be a citizen in order for the child to also be a citizen.

      Generally if an american couple gives birth in Europe, the child will just be american, despite where they were born. If a European couple gives birth in any of the americas, their child will be a citizen of the americas, despite anything else

    • dontbelievethis@sh.itjust.works
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      You operate under the assumption that this is a public service. That would make no sense.

      But if the assumption is them accumulating more power, then it makes perfect sense.

      To be honest I get more mad at people being surprised by their actions. At this point it is so obvious what is happening and why. How can anyone be surprised by any of this?

      “Why does this rabid dog bites? How does this make for a better world?”

      It is a rabid dog, how could you ever expect something positive to begin with? Put it down already. You don’t argue with crazy.

    • D_C@lemm.ee
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      Furthermore aren’t, at least some of, his kids from ? The youngest psychopath is definitely of imported genetics, does that mean the next oppositional president (ha, like Fatboy is ever going to let go of all that power now he’s king of the us) could kick all tRUMPs offspring out?

    • Furbag@lemmy.world
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      The thing about ending birthright citizenship is that it would just create a stateless individual. Where would they even deport children of undocumented immigrants to? Are they going to make an El Salvadorian gulag for them too?

      The former SCOTUS ruling on the 14th amendment was really clear - if you are born here, you are a citizen regardless of your parent’s legal immigration status. I don’t understand why the SCOTUS is even bothering to hear this case when even a constitutional literalist would have difficulty trying to weasel-word their way into a ruling that supports the Republican position on this one.

      I can thing of few things more cruel than a state that looks at a literal child who was born here, lived here all their lives, speaks the language, attends school, has friends and family and a support structure and would otherwise be indistinguishable from any other American child born to American-born parents, and deport them to a country they’ve never set foot in for no real discernible reason other than they are anti-immigrant racists.

      • jj4211@lemmy.world
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        So when someone has tried to rationalize ending birthright citizenship, they fixate in the “and subject to the jusrisdiction”.

        So they argue that a child born to parents who are citizens elsewhere are subject to the jurisdiction of the parents country of origin. To make this leap they say that language matching the intent should have been “and exclusively subject to the jurisdiction”. Or else they might claim it can only apply to parents legally in the country, but that didn’t let them block visa holders like they would want.

        So technically it shouldn’t still be able to make stateless individuals even with their rationalization, but that is of no comfort in any practical terms.

  • UncleGrandPa@lemmy.world
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    He is much closer to his stated goal

    The power to deport any natural Born Citizen on demand for no reason at all

    He has stated he wants… Needs this

    On Exactly why he has been vague

  • Robust Mirror@aussie.zone
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    Looking into it this whole thing is way more complicated than the headline makes it sound. The Supreme Court didn’t actually give Trump permission to end birthright citizenship, they just made a ruling about how courts can block federal policies nationwide.

    Basically what happened: Trump’s birthright citizenship order has been blocked by multiple federal judges who said it’s probably unconstitutional. Instead of arguing the constitutional issue (which he’d probably lose), Trump’s team asked the Supreme Court to limit judges’ power to issue nationwide blocks on policies. The Court agreed 6-3, but they specifically did NOT rule on whether ending birthright citizenship is legal.

    So now Trump’s celebrating like he won, but really all that changed is the procedural stuff. The constitutional problems with his order are still there: the 14th Amendment is pretty clear about birthright citizenship. Lower courts still have to reconsider their rulings, and immigrant rights groups are already filing new lawsuits.

    It’s more of a tactical win for Trump that might let him try to implement parts of his agenda in some places, but the fundamental legal challenges haven’t gone away. The Truthout article is at least a little hyperbolic imo.

    • pulsewidth@lemmy.world
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      He did win though, because by telling federal judges that their rulings against executive orders cannot be… Federal, nationwide, the supreme court took away about 99% of the (already mediocre) checks and balances against Trump’s power (and any presidents power). To pass it off as just some procedural stuff misses how impactful this is, the only court powers that can stop his kings laws by edict (‘executive orders’) now are: case by case state-based rulings for federal judges, and the supreme court itself for nationwide rulings.

      This is largely what Justice Sotomayor said in her dissent: this is a huge expansion of presidential powers by the SC removing restrictions from the president, over an issue that is abundantly clearly illegal (denying birthright citizenship), and it leaves the door wide open to further illegal orders.

      Her dissent is worth a read, it begins on page 54: https://www.supremecourt.gov/opinions/24pdf/24a884_8n59.pdf

      • Robust Mirror@aussie.zone
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        Fair point.

        I was definitely too focused on the narrow “did they rule on birthright citizenship” question and missed the bigger picture. You’re right that this is way more than just procedural, it’s a massive shift in executive power.

        The fact that federal judges can now only issue piecemeal, state-by-state rulings essentially breaks their ability to actually check presidential overreach in any meaningful way.

        I think I got too caught up in fact checking the specific headline and missed how big Trump’s win actually was here, just not in the way the headlines suggested. Thanks for the correction.

    • FanciestPants@lemmy.world
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      My prior understanding of the issue at hand is that the probable downside for limiting the nationwide application of some federal judge rulings is that the federal agencies have the resources to select a jurisdiction to enact rules that local judges have determined to be unconstitutional to one where local judges have not. Ex. if Feds can’t violate someone’s civil rights in New York, just move that someone to Florida where the Federal Agency can violate their civil rights.

      Certainly there are scenarios in which federal judges being able to issue nationwide rulings is detrimental to left leaning causes as well (mifepristone bans), however without the supreme court first taking up the case of the constitutionality of birthright citizenship before making this current ruling on application of nationwide rulings, they’re just being a bunch of shit fuck cowards.

      • Robust Mirror@aussie.zone
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        100% on both counts.

        The forum shopping issue you’re describing is exactly the problem. Trump’s team can now basically pick and choose where to implement policies that have been ruled unconstitutional elsewhere. It creates this patchwork where your constitutional rights depend on geography, which is obviously fucked.

        And you’re spot on about the cowardice. The Supreme Court absolutely should have ruled on the constitutional question first. That’s the actual substantive issue everyone cares about. Instead they took the cop out that gives Trump more power without having to make the hard call on whether his order is constitutional.

        Honestly it looks like classic Roberts Court behaviour: make big changes to how government works while pretending you’re just doing technical legal housekeeping. They know damn well that ruling on birthright citizenship would be messy and politically explosive, so they found a way to help Trump without having to own the constitutional implications.

        Your point about this cutting both ways (like with mifepristone) is important too, but the timing here makes it pretty clear what they’re really doing.

    • michaelmrose@lemmy.world
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      3 months ago

      He won because he can delay actually following the law until he’s dead because it will be impractical to stop him

    • Zier@fedia.io
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      3 months ago

      His 1st & current wife were not citizens when those children were born. They should be deported.

  • uss_entrepreneur@startrek.website
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    3 months ago

    As much as I dislike the decision, they did not give the “ok”

    The ruling was about how the lower courts handle injunctions. The court cases are playing out still.

    I still hate the decision.

    • MasterBlaster@lemmy.world
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      3 months ago

      Effectively, anyone who does not have a lawyer who files a specific suit in a very short period of time can be deported at will. Saying it does not end the 14th Amendment is an exercise in English language mechanics, not in how it ends up affecting the world.

      If you are high school student who is shipped off to a foreign prison, how likely do you think it is somebody will fight to bring you back?

    • dis_honestfamiliar@lemmy.sdf.org
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      3 months ago

      Bunch of pansies. All they had to do is say No

      And would have been the end of it. But they are scared of him for w/e reason. Trump can’t even remember Barrett.

    • andrewta@lemmy.world
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      3 months ago

      Look at roe vs wade. The Supreme Court said it’s up to the states which effectively killed abortion . The end result is going to be basically the same thing here

    • prole
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      3 months ago

      Read the dissents, they absolutely fucking did.