Birthright Citizenship: Three Liberal Justices Stuck Together And Won While Conservatives Splintered
5-Justice majority on core constitutional ruling included three liberals: “And as much as we kind of expected this would be the result, to see it come out with that configuration is, I think, very demoralizing and disheartening”
The Supreme Court’s Birthright Citizenship ruling today was a full-throated constitutional endorsement that the children of mothers here illegally or temporarily are “citizens at birth.”
Not doubts there.
It was conventional wisdom that birthright citizenship would be upheld, but what was so shocking is that it was done on the backs of the three liberal members of the court who stuck together while the so-called conservatives splintered in numerous directions. So on the core constitutional endorsement, it was 5-4 with the majority being the three liberals (Sotomayor, Kagan, KBJ) plus CJ Roberts and Barrett. (Kavanaugh would have found the Trump EO invalid because it conflicted with an immigration statute, but he rejected the constitutional holding.)
Think about it. The three liberals prevailed on ideological core of the single biggest case of this term, one that defines who were are as a nation and whether we have sovereignty or are at the mercy of people who sneak across the border, overstay visas, or are here as birthright tourists.
“Disheartening” and “demoralizing” is how I described it in an appearance on the Tony Katz live stream today, but perhaps “infuriating” would be a better term.
The core constitutional decision was that children born here to illegal parents, who are here illegally or temporarily, are citizens at birth under the 14th Amendment. That’s the core. And there were five votes for that reading. And only two of those five votes on that court, the sweeping constitutional ruling, were so-called conservatives, Coney Barrett, and the Chief who wrote the opinion joined by the liberal block.
And I thought that that was very interesting, that such a sweeping decision on the Constitution in a supposedly conservative Supreme Court, that most of those were the liberal justices.
Now, Kavanaugh would have overruled the executive order on a completely different ground. He said he did not agree with the constitutional ruling, but he felt that the executive order violated one of the immigration statutes.
The core constitutional ruling as to what the 14th Amendment means was a five to four decision. And it was the three liberals and the two so-called conservatives, which I think is extremely disheartening. And as much as we kind of expected this would be the result, to see it come out with that configuration is, I think, very demoralizing and disheartening….
And so, you know, at one level it’s disheartening. They weren’t bold enough to step out of that.
At another level, it hasn’t changed anything. We’re basically where we were yesterday, which is if you can sneak across the border or overstay your visa or get on a tourist flight here when you’re eight months pregnant, … if you can somehow get here, you are going give birth to an American citizen. That’s what it was yesterday. That’s what it is today.
But it’s disheartening, particularly in the light of the absolute invasion of our country that took place under the Biden administration….
And now it’s almost like a feeling of a loss of sovereignty that we were hoping to regain some of our sovereignty by enforcing the 14th Amendment as we think it reasonably should be interpreted. And we failed at regaining some of our sovereignty. And that’s what I think, when I say disheartening, I think that’s what’s so disheartening, is we had a chance to start to correct the direction of the ship….
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Pregnancy tests , given by women at the airport before entry
End of story
Any woman that’s here on a visas also.
Don’t admit women at all. In fact, just have the State Department stop issuing visas altogether.. Why was it not illegal for Biden to allow 30 million people to cross the border illegally but Trump’s EO on birthright citizenship is?
Just stop all entry into the US for now. Require woman and tranny woman since we can’t discriminate and give them a pregnancy test if we’re going to allow people on vacation and visas into the country.
Force those who love this ruling or even made the ruling to look at the consequences of this.
If a woman is here and she’s about to drop a kid revoke her visas and send her home.
Just write executive order after executive order slowing down anyone coming to the country.
I honestly can’t quite bring myself to read this garbage ruling, as noted above I’m disheartened enough for now. But if Congress can enforce the 14th amendment (and they can because that i did read), then why can’t they define all those who enter the country without a visa as not subject to the political jurisdiction of the US? The children of ambassadors, I assume, are still not citizens. If we can do it in that case, why not others. Whether by statute or treaty, a new status should be defined for other aliens. Of course, we need to elect a Congress that actually cares about US sovereignty. Easier said than done.
All if the above comments are true., Historically, the USA has been the most welcoming nation on the planet. You come here legally, play by US rules, study our system, apply for citizenship and get it, you are thrilled.
Now, not only can anyone who gets inside our borders, anywhere at anytime legal or illegal can have a baby born here who is a citizen.
Now take this a step further – not only will those babies grow up and bring over more relatives, they can return to their home country but because they are US citizens they still can vote in US elections as long as they fit a residency requirement of a given state.
The USA now lets the entire planet run our elections. I’m sick to my stomach over this. I have a bit of immigrant experience but giving away our sovereignty, our voting – it becomes a “so what” if you count mail in ballots by anyone at anytime.
Congrats, SCOTUS, you have tanked the USA. Unbelievable you’d be so stupid or so cheap to be bought.
Conservatives worked their fingers to the bone for decades – so that Republican judges can side with the Communists as often as not.
This country is cooked. Self-destructed. Benjamin Franklin would be appalled and tell us he warned us but we didn’t listen.
4 women + Roberts. So much for the so called patriarchy. How does that 19th amendment look now?
In evidentiary law, the “fruit of the poisonous tree” doctrine holds that any evidence that was obtained as a result of unconstitutional police conduct and/or violations of the defendant’s constitutional rights, is inadmissible in the prosecution of a criminal defendant.
Along the same logical lines, why the hell should the fruit of an illegal alien’s womb or a bad faith visitor to the U.S.’s womb, be deemed an American citizen? Why should illegal and bad faith conduct with regard to our immigration laws and borders, be rewarded?
Wherever that fetus is from, that’s the citizenship they are gifted
By opening United States citizenship to every one of our enemies (Chinese birth tourism, anyone?) the Supreme Court has effectively sounded the death knell of America. Plan accordingly.
Headline should be: “Five Liberal Justices Stuck Together”
It’s a little weird to claim that Roberts is a conservative. Conservatives believe in the Constitution. Roberts flips back and forth too much to be considered anything but a hack.
Have you ever tried to hold on to an old appliance? You keep pouring money into it to fix it, it works for a while, and then breaks again. Finally, you just throw it out and get a new one.
That’s our entire system.
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