Thanks for sharing the articles. Very interesting individual, Ms. Wiles. Sounds like a formidable woman. I think I respect her based on the articles. Hopefully she is able to keep Trump “corralled” to a modicum of truth, honesty, and compassion for America. NOT his usual modis operandi. One can hope, at least. But I’ll keep my opinions at bay for now on her.
I've said this since 2016; he has no idea what he's doing and is not pulling the strings. He is manipulated and advised to do the things he does. He doesn't care about anyone but himself, so he goes along with it no matter the consequence.
Even more than the previous eight. Now that he will have all those $$,$$$,$$$,$$$ in cryptocurrency, the non-government lawyers should be asking to be paid up front (if not already). Lawyer price inflation. In real money. Not crypto.
I remember his first term. He doesn't read so they had to cut things way down with major points clearly marked. And this is our president...Mr. First Felon of the United States. It just warms my heart. Sigh.
Okay so we’re picking and choosing what parts of the 14th amendment we want to follow… 14th also says that those that aid or feel sympathy of people who commit insurrection cannot be president
He is an illegitimate president. Congress did not remove the disability by a 2/3 vote in each house. That was the only legal way he could serve. The Supreme Court of Colorado ruled that he incited insurrection, and SCOTUS did not overturn that ruling. Therefore he is disqualified to be president.
They obviously aren't following the Constitution! The insurrection of 4 years ago has been successfully accomplished with the election of the Ringleader to the position of President of the United States and his mass pardoning of the insurrectionists! :-( The United States Government has been overthrown without a shot being fired! We now have an Illegal Rogue Government! Plain and simple...
Of course it is. He thinks he's doing something by scrawling on a piece of paper. He can't even get his own wife to kiss him or hold his hand in public (probably not in private, either).
They say his body odor makes u gag. He's wearing a diaper apparently and shits in it which people can smell. What woman in her right mind would want to touch something like ... oh right, a woman that has an actual contract him (not a pre-nup) that she adapts and edits as needed. Smart lady ... couldn't pay me or the majority of women on the planet enough $ to even hold his hand ... we all know where his body parts have been!!
I dont know if they will be stopped. Trump has his nazi justices on the supreme court that will rescind all these stoppages or put a stay in them and say things still stand with the bans until the high court hears upon it. Then delay, subvert, and prolong the settlement for years.
Woop! The first major blow to Trump’s new administration coming from here in Seattle at the US Courthouse right across the street fills me with exceptional pride in my home state. This is fantastic news, though it should never have even been a thing. So obviously an unconstitutional act, that the Supremes won’t be able to spin this.
There it is folks, just a regular person (donald & his cabal think regular folk are dumb as sheep and think we won't give a baaaa & not stand up to them) coming up with an excellent, non-violent way to stand up to Trump. Imagine a single, unifying nation wide anthem against donald and his boys that could be sang by thousands of voices across every state and at every protest or march. An anthem to get under donald's skin ... priceless! Way to go Donna ... now we just need someone to write this memorable piece of music. Anybody listening or know anybody lol?
Thank you Patti for your support and encouragement. I am traveling going home to Florida (yes where the bad man lives). I have a few lyrics to pen. This will be fun. Hang in there cause this is how we fight,fight,fight.
Trump is so stupid, if the man could read he would have known he can't do what Miller and his bunch just had him do. Now he just looks stupid to the entire World.
Does not look stupid, he acts stupid, and confirms the reality that he is a jerk and knows nothing but pictures, insults, and what he can spin into a profit.
I know but some of it just shows the total level of ignorance with him and the admin he is putting together. Pelosi gave Repubs every chance in the World to get rid of this skin tag. Just think, in 2016 if they had elected John Kasich, we would just now be getting the WH back. I didn't agree with a lot of his stuff but i could trust he wouldn't try to eliminate my freedom.
I would have been fine with Kasich. I can deal with middle of the road but this will be 8yrs of far Reich. This time the con man knows how to cheat the system and God only knows how bad he will be. Clinton, Biden, Harris were all Center Left, none of them are Liberals and Center Left is where we need to be for a good strong growing country. Over the years that is where success has always been.
Yes indeed. It will be four years of angst for democracy lovers but this is a hopeful start. I see in WaPo this morn GOP talk about more attack hearings on pro-democracy folks. And we pay their salaries while they attempt to destroy the oldest democracy in recent history.
And I've studied other governments around the World and we have the best one and some how we have elected a party that has promised to eliminate it. The part that breaks my heart the most is that many of my family and friends have been sucked into this mess and I can no longer trust them on anything. If Trump starts hunting Dems I would not be surprised if they submitted me. Amazing how far they have fallen.
Those are not really executive orders, they are dictatorial declarations. Him and his people are firehosing shit to the wall to see what sticks. They dont even care about their own issue. Its just a shitstorm of chaos.
You are so right. Check out the video of the Bernie Sanders statement about what Trump didn't talk about in his inaugural address... Homelessness, healthcare system, housing crisis... Just all this inflammatory stuff in a big fire hose rush. Bernie Sanders | The Guardian https://search.app/3YP5ukZKZazKqn4JA
It's not a major blow. It's exactly what the EO was designed to do. They want the issue to fail quickly. They want it to get to the Supremes ASAP. They are banking on the fact they expect the Supreme Court to flip Wong Kim Ark on its head. That's been the entire point of this whole exercise. They expect the Supreme Court to conclude that the holding in Wong Kim Ark was wrong from the get go and that the entire framework since 1898 was incorrect.
They did it in Roe... what's to make people think they won't do it here.
I see it as birthright citizenship being an unambiguous section in the amendment vs abortion being a privacy right found by the supreme Ct in cases such as Loving re interracial marriage.
I would agree... the law seems reasonably clear, and the Court in Wong Kim Ark agreed...
The Amendment states: "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."
That said, I will predict right now how they will flip it...
"and subject to the jurisdiction thereof"
That is what they will hang their hat on.
You need to read the EO closely. It's designed to truly challenge what constitutes being "subject to the jurisdiction" of the United States.
If you're an illegal alien, and you've entered the United States unlawfully, Wong Kim Ark says you are indeed "subject to the jurisdiction thereof," of the United States since you are subject to the laws thereof...
That part may be tougher for the Court to flip (I'll come back to it tho... )
Suppose you're one of these mothers who comes to the US to have a child because you want dual national citizenship (which is the other part of the EO). In that case, I think it's pretty clear you have no real desire to be subject to the political jurisdiction of the US and you are "just passing through." We do not, for example, consider individuals who are born to US parents abroad suddenly the citizens of those countries and thus deny them US citizenship if they were on vacation, or stationed at a US military garrison, etc., because that was a transient condition.
Going back to the illegal alien idea ... again, my basic idea is I think Wong Kim Ark was properly decided...
But then again, I think Roe was properly decided (although Blackmun wrote a horrendously poorly worded decision.)
For you, you're saying "I think the 14th Amendment was plainly written."
Ok... says you. Now I agree with that idea...
Do five justices?
I could easily see an argument that goes the "subject to the jurisdiction thereof," becomes an "operative clause," and that the "all persons born..." is the prefatory clause... and that to be truly a US citizen under jus soli, both the operative and the prefatory clauses must be true.
Moreover, I could also see this Court making the argument that the point of the 14th Amendment was to ensure that the people who were formerly slaves were granted the right of Citizenship since their lineage could not be determined, but where they were born (in most cases) certainly could be, and they most certainly were "subject to the jurisdiction thereof," of the United States in 1865.
And I could also see them distinguish that fact from an illegal alien who enters the US illegally, who doesn't seek asylum, and who lives unlawfully in the US, hiding from the government, and then gives birth to a child.
What they may focus on is how the Court in Wong Kim Ark focused on how the Court relied on the common-law principle of jus soli, a doctrine established in English law, which holds that citizenship is determined by the place of birth, not the nationality of one's parents. The Court extensively analyzed English common law and early U.S. legal traditions, emphasizing that for centuries, anyone born within English territory (with limited exceptions, like children of foreign diplomats or enemy forces) was considered a subject.
This Court could conclude that "subject to the Jurisdiction thereof," does not me co-terminous with the land... but instead co-terminous with recognition of the political authority.
Now... I want to be clear... I think those arguments are all NONSENSE ...
The Court in 1898 rejected this view, interpreting "subject to the jurisdiction" to mean being subject to U.S. laws and authority, which Wong Kim Ark was, as he was born on U.S. soil and not exempted under the narrow exceptions (e.g., children of diplomats). Further, the Court held that the Chinese Exclusion Acts did not strip Wong Kim Ark of his constitutional right to citizenship under the 14th Amendment.
All of that said...
Roe looked pretty damn solid too...
And Alito found a cookbook from 329 BC written by a witch... and went "Looks good to me!" and the next thing you know... Dobbs popped out.
Give that stare decisis doesn't seem to be a doctrine this Court cares about in the slightest... we really have no clue what could happen.
After Trump v. US... after Dobbs... I could see this court... 6-3 conclude... that "subject to the jurisdiction" means complete political allegiance to the U.S... This would exclude children of foreign nationals, such as temporary visitors, undocumented immigrants, or those who maintain allegiance to another sovereign nation. Only children of U.S. citizens or lawful permanent residents born on U.S. soil would automatically qualify for citizenship. Those born to foreign nationals, regardless of birthplace, would not.
It wouldn't end "birthright citizenship" per se... but it would dramatically change how the 14th Amendment is applied when either parent is not a natural born or naturalized US citizen.
And I cannot imagine they'd "skin the banana" on this if they didn't think they had a great chance of winning this argument...
Wow!! Nice analysis. So basically it’s way too involved especially with this supreme Ct than what my one sentence covers. Agreed. Makes me want to put down the wine and read the cases.
In general… your best bet is to always read the actual orders, opinions, etc. Very few people in the media know enough law and history to report things properly.
I can because I’m one of those people… although I don’t do it anymore. I always go for the primary document. I always want to read the actual opinion, the ruling, the EO, etc. There are always nuances that get missed by the media… but it’s in those nuances that the law lives.
This whole thing is going to come down to those magic words “subject to the jurisdiction thereof,” on a case from 1898. And prior to me (and a few others that spotted what he was up to Monday night as soon as we could read the actual EO) all everyone heard was he was trying to end the 14th Amendment. No, he’s trying to redefine US citizenship by having the Supreme Court do his dirty work and disenfranchise millions of Americans and their progeny in the process. That point has yet to be covered in the press.
If the Court does what I predict… millions of Americans will effectively lose their natural born status as American citizens. Because the law doesn’t operate in a vacuum and it doesn’t operate only for the exception.
Does FOTUS even know what he’s signing or is he just signing random sheets of paper being fed to him by his nazi advisors? Or maybe Orban himself?
More than likely. He doesnt read!
Only thing he can read is his bank account
Not even that, he uses the cover that his attorney and accountant does all that.
Nah, he has his accountants do that. They're probably robbing from it if he hired them.
Probably the only way they'll ever get paid.
And that's simple math.
Trump enjoys the smell and sound of the Sharpie on sheets of paper. It has the looks of making him seem bigly important! 😆 🤣
Maybe he's getting high off the fumes and that's why he's so f!#^&d in the head lol
It would be more fitting if he were using one of those oversized crayons!!!
Exactly what I said on another comment site.
I have read he can’t hold a pen, that is why he uses a sharpie
Like he has to drink out of a glass with two hands like a toddler.
Excuse me for dissing toddlers. My 3 year old grandson had better fine motor skills than the orange blob
I believe it's the latter, unless it's particularly harmful to his "enemies" - he's on a tear for retribution, not governance.
I doubt it. These EO’s are shoved under his nose and Susie says - sign here.
Ok, Who’s Susie?
Susie Wiles, his chief of staff.
Thanks Barbara! Can’t keep up with his people.
Neither can he
I think Stephen Miller is shoving them under his nose and he just signs.
Are you forgetting the Heritage Foundation's Project 2025? They have had these ready for signature probably from the time he announced his candidacy.
He may be the author of some of them, but Susie Wiles is his Chief of Staff.
Here is a NYT article from Jan 9 about Susie Wiles - definitely someone to know about: https://www.nytimes.com/2025/01/09/us/politics/susie-wiles-trump.html?unlocked_article_code=1.rU4.sMCB.Ob5cd8ZAno_7&smid=url-share
And here is another article about Ms. Wiles from two days ago: https://www.nytimes.com/2025/01/22/opinion/susie-wiles-trump.html?unlocked_article_code=1.rU4.dpke.pZFuO2fZUNZa&smid=url-share
Both of these may be behind the NYT paywall.
Thanks for sharing the articles. Very interesting individual, Ms. Wiles. Sounds like a formidable woman. I think I respect her based on the articles. Hopefully she is able to keep Trump “corralled” to a modicum of truth, honesty, and compassion for America. NOT his usual modis operandi. One can hope, at least. But I’ll keep my opinions at bay for now on her.
Unless she is deaf and dumb, she would know what Trump is, I can't respect anyone that would work for him
Susie co-chaired his entire campaign. She’s an astute political operative, not just some high powered secretary.
Oh hell no she won’t. That’s a whole lot of magical thinking right there. 😆
She'd be fired so fast
His chief of staff.
Its a dirty job but someone has to do it.
I heard it is Stephen Miller behind all these EOs
I've said this since 2016; he has no idea what he's doing and is not pulling the strings. He is manipulated and advised to do the things he does. He doesn't care about anyone but himself, so he goes along with it no matter the consequence.
Words of wisdom, Lloyd ... words ... of .... wisdom (Jack Torrance to Lloyd the bartender in "The Shining").
Oh he knows all right, March to become God of America
He Knows what he is doing and he is doing it on purpose. He Thinks he should be god
Stephen Miller is the author of all this bullsh*t.
Pretty sure it's the people from Project 2025 telling him to sign them.
Block block come on judges! He likes to spend his time in court!
The next four years should be very profitable for attorneys.
Even more than the previous eight. Now that he will have all those $$,$$$,$$$,$$$ in cryptocurrency, the non-government lawyers should be asking to be paid up front (if not already). Lawyer price inflation. In real money. Not crypto.
He knows what he signed.
I agree! They probably just give him the headlines & say "sign here".
I think he has concepts of what he signed...
CK, first he signs a blank sheet of paper and then the nazi advisors write the order. That's the logical and efficient way to run a government 🙄
Unless it's in crayon and has pictures, likely not.
I remember his first term. He doesn't read so they had to cut things way down with major points clearly marked. And this is our president...Mr. First Felon of the United States. It just warms my heart. Sigh.
Nah, not Orban, Stephen Miller. Trump's personal 'MAGA Whisperer' keeping Trump attuned to his (Violent) MAGA base.
I have not seen him read. It seems like someone tells him what it says and he signs it.
Project 2025 who now calls themselves “America First” has had these executive orders ready to go for years
My guess is he doesn’t read what he is handed to sign
Received a brief synopsis, which is probably filled with lies and misinformation so that he will sign it.
With a sharpie, because I understand that he cannot hold a regular pen to write with
He is worse than a three year old toddler
Okay so we’re picking and choosing what parts of the 14th amendment we want to follow… 14th also says that those that aid or feel sympathy of people who commit insurrection cannot be president
ding Ding DING
If they can do that with the 14th Amendment, what’s to stop us from doing the same with the 2nd?
I like the way you think
Can’t wait for supremely unjust court to twist this 🤬
He is an illegitimate president. Congress did not remove the disability by a 2/3 vote in each house. That was the only legal way he could serve. The Supreme Court of Colorado ruled that he incited insurrection, and SCOTUS did not overturn that ruling. Therefore he is disqualified to be president.
Then why in the world is he sitting behind the Resolute Desk?
Corruption and cheating how else is a criminal going to be allowed in the Oval Office!
They obviously aren't following the Constitution! The insurrection of 4 years ago has been successfully accomplished with the election of the Ringleader to the position of President of the United States and his mass pardoning of the insurrectionists! :-( The United States Government has been overthrown without a shot being fired! We now have an Illegal Rogue Government! Plain and simple...
Exactly!
My thoughts exactly
I believe this will be the first of many executive orders that the courts will stop.
Fingers crossed.
Of course it is. He thinks he's doing something by scrawling on a piece of paper. He can't even get his own wife to kiss him or hold his hand in public (probably not in private, either).
They say his body odor makes u gag. He's wearing a diaper apparently and shits in it which people can smell. What woman in her right mind would want to touch something like ... oh right, a woman that has an actual contract him (not a pre-nup) that she adapts and edits as needed. Smart lady ... couldn't pay me or the majority of women on the planet enough $ to even hold his hand ... we all know where his body parts have been!!
Yikes! Thanks for the visual
Well, you know he pays for it -- or at least he says he will, then pribably stiffs them...🙄
I dont know if they will be stopped. Trump has his nazi justices on the supreme court that will rescind all these stoppages or put a stay in them and say things still stand with the bans until the high court hears upon it. Then delay, subvert, and prolong the settlement for years.
I don’t think they will.
If we can pro-long maybe we can vote out the MAGAs in the house IF the democrates will get off thier asses and actually interact with people.
Let’s hope.🇨🇦🇨🇦🇨🇦
I am thinking he is going to spend a great part of his time in the Oval Office involved in both federal and civil lawsuits
I sure hope so.
Yay Washington State!
Woop! The first major blow to Trump’s new administration coming from here in Seattle at the US Courthouse right across the street fills me with exceptional pride in my home state. This is fantastic news, though it should never have even been a thing. So obviously an unconstitutional act, that the Supremes won’t be able to spin this.
The Supreme Corrupt court screwed up chapter 3 of same ammendment. We need to abort the Supreme corrupt court!
This is how we fight, fight, fight 🙂
I like ur post, u can even hum to it lol.
Daily and every where you go 😊
We need to find someone who will write a song for us, our fight song, blast to the world, and make sure it is piped into the president’s office. 🤣🤣🤣
There it is folks, just a regular person (donald & his cabal think regular folk are dumb as sheep and think we won't give a baaaa & not stand up to them) coming up with an excellent, non-violent way to stand up to Trump. Imagine a single, unifying nation wide anthem against donald and his boys that could be sang by thousands of voices across every state and at every protest or march. An anthem to get under donald's skin ... priceless! Way to go Donna ... now we just need someone to write this memorable piece of music. Anybody listening or know anybody lol?
Thank you Patti for your support and encouragement. I am traveling going home to Florida (yes where the bad man lives). I have a few lyrics to pen. This will be fun. Hang in there cause this is how we fight,fight,fight.
On the road songs usually turn out pretty good ... looking forward to seeing what u come up with!
Well at least we tried .... see what happens lol. You just never know, stranger things have happened.
Trump is so stupid, if the man could read he would have known he can't do what Miller and his bunch just had him do. Now he just looks stupid to the entire World.
I would say that most of the world already knows he’s a fucking moron except of course those MAGA Mushrooms that elected him
That's right.
Does not look stupid, he acts stupid, and confirms the reality that he is a jerk and knows nothing but pictures, insults, and what he can spin into a profit.
Yea, I guess it makes us look stupid for electing him again. I still can't believe we are here.
Or even ask a question about what’s beneath his sharpie. Just sign Sir Mr. Felon, because this is part of the plan to burn down the country.
I know but some of it just shows the total level of ignorance with him and the admin he is putting together. Pelosi gave Repubs every chance in the World to get rid of this skin tag. Just think, in 2016 if they had elected John Kasich, we would just now be getting the WH back. I didn't agree with a lot of his stuff but i could trust he wouldn't try to eliminate my freedom.
My thoughts exactly. Kasich was a decent man. And when they saw what DT was, why didn’t the GOP vote to impeach—they had two chances to stop him.
I would have been fine with Kasich. I can deal with middle of the road but this will be 8yrs of far Reich. This time the con man knows how to cheat the system and God only knows how bad he will be. Clinton, Biden, Harris were all Center Left, none of them are Liberals and Center Left is where we need to be for a good strong growing country. Over the years that is where success has always been.
Yes indeed. It will be four years of angst for democracy lovers but this is a hopeful start. I see in WaPo this morn GOP talk about more attack hearings on pro-democracy folks. And we pay their salaries while they attempt to destroy the oldest democracy in recent history.
And I've studied other governments around the World and we have the best one and some how we have elected a party that has promised to eliminate it. The part that breaks my heart the most is that many of my family and friends have been sucked into this mess and I can no longer trust them on anything. If Trump starts hunting Dems I would not be surprised if they submitted me. Amazing how far they have fallen.
Didn't he say "that's a big one." when he started signing. and someone questioned it and he said "we'll see." SMH JFC FFS
Woohoo! The initial and immediate pushback is, to me, what is most significant. Sending this kind of message IS the resistance and the way forward.
agree agree agree!!
Those are not really executive orders, they are dictatorial declarations. Him and his people are firehosing shit to the wall to see what sticks. They dont even care about their own issue. Its just a shitstorm of chaos.
You are so right. Check out the video of the Bernie Sanders statement about what Trump didn't talk about in his inaugural address... Homelessness, healthcare system, housing crisis... Just all this inflammatory stuff in a big fire hose rush. Bernie Sanders | The Guardian https://search.app/3YP5ukZKZazKqn4JA
Give hell courts, we don't want their policies✌🏻💙
Suck it Donnie! There’s that pesky court system for you!
It's not a major blow. It's exactly what the EO was designed to do. They want the issue to fail quickly. They want it to get to the Supremes ASAP. They are banking on the fact they expect the Supreme Court to flip Wong Kim Ark on its head. That's been the entire point of this whole exercise. They expect the Supreme Court to conclude that the holding in Wong Kim Ark was wrong from the get go and that the entire framework since 1898 was incorrect.
They did it in Roe... what's to make people think they won't do it here.
I pray that Chief Justice Roberts and Amy Coney Barrett will NOT bend the knee.
As others have said this is now the Amy Coney Barret Court.
And if they don't comply, there's a high window nearby. That's Vlad's solution for judges who don't agree with him.
First the carrot. Bribery. And if that doesn't work, the stick.
I see it as birthright citizenship being an unambiguous section in the amendment vs abortion being a privacy right found by the supreme Ct in cases such as Loving re interracial marriage.
I would agree... the law seems reasonably clear, and the Court in Wong Kim Ark agreed...
The Amendment states: "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."
That said, I will predict right now how they will flip it...
"and subject to the jurisdiction thereof"
That is what they will hang their hat on.
You need to read the EO closely. It's designed to truly challenge what constitutes being "subject to the jurisdiction" of the United States.
If you're an illegal alien, and you've entered the United States unlawfully, Wong Kim Ark says you are indeed "subject to the jurisdiction thereof," of the United States since you are subject to the laws thereof...
That part may be tougher for the Court to flip (I'll come back to it tho... )
Suppose you're one of these mothers who comes to the US to have a child because you want dual national citizenship (which is the other part of the EO). In that case, I think it's pretty clear you have no real desire to be subject to the political jurisdiction of the US and you are "just passing through." We do not, for example, consider individuals who are born to US parents abroad suddenly the citizens of those countries and thus deny them US citizenship if they were on vacation, or stationed at a US military garrison, etc., because that was a transient condition.
Going back to the illegal alien idea ... again, my basic idea is I think Wong Kim Ark was properly decided...
But then again, I think Roe was properly decided (although Blackmun wrote a horrendously poorly worded decision.)
For you, you're saying "I think the 14th Amendment was plainly written."
Ok... says you. Now I agree with that idea...
Do five justices?
I could easily see an argument that goes the "subject to the jurisdiction thereof," becomes an "operative clause," and that the "all persons born..." is the prefatory clause... and that to be truly a US citizen under jus soli, both the operative and the prefatory clauses must be true.
Moreover, I could also see this Court making the argument that the point of the 14th Amendment was to ensure that the people who were formerly slaves were granted the right of Citizenship since their lineage could not be determined, but where they were born (in most cases) certainly could be, and they most certainly were "subject to the jurisdiction thereof," of the United States in 1865.
And I could also see them distinguish that fact from an illegal alien who enters the US illegally, who doesn't seek asylum, and who lives unlawfully in the US, hiding from the government, and then gives birth to a child.
What they may focus on is how the Court in Wong Kim Ark focused on how the Court relied on the common-law principle of jus soli, a doctrine established in English law, which holds that citizenship is determined by the place of birth, not the nationality of one's parents. The Court extensively analyzed English common law and early U.S. legal traditions, emphasizing that for centuries, anyone born within English territory (with limited exceptions, like children of foreign diplomats or enemy forces) was considered a subject.
This Court could conclude that "subject to the Jurisdiction thereof," does not me co-terminous with the land... but instead co-terminous with recognition of the political authority.
Now... I want to be clear... I think those arguments are all NONSENSE ...
The Court in 1898 rejected this view, interpreting "subject to the jurisdiction" to mean being subject to U.S. laws and authority, which Wong Kim Ark was, as he was born on U.S. soil and not exempted under the narrow exceptions (e.g., children of diplomats). Further, the Court held that the Chinese Exclusion Acts did not strip Wong Kim Ark of his constitutional right to citizenship under the 14th Amendment.
All of that said...
Roe looked pretty damn solid too...
And Alito found a cookbook from 329 BC written by a witch... and went "Looks good to me!" and the next thing you know... Dobbs popped out.
Give that stare decisis doesn't seem to be a doctrine this Court cares about in the slightest... we really have no clue what could happen.
After Trump v. US... after Dobbs... I could see this court... 6-3 conclude... that "subject to the jurisdiction" means complete political allegiance to the U.S... This would exclude children of foreign nationals, such as temporary visitors, undocumented immigrants, or those who maintain allegiance to another sovereign nation. Only children of U.S. citizens or lawful permanent residents born on U.S. soil would automatically qualify for citizenship. Those born to foreign nationals, regardless of birthplace, would not.
It wouldn't end "birthright citizenship" per se... but it would dramatically change how the 14th Amendment is applied when either parent is not a natural born or naturalized US citizen.
And I cannot imagine they'd "skin the banana" on this if they didn't think they had a great chance of winning this argument...
Wow!! Nice analysis. So basically it’s way too involved especially with this supreme Ct than what my one sentence covers. Agreed. Makes me want to put down the wine and read the cases.
In general… your best bet is to always read the actual orders, opinions, etc. Very few people in the media know enough law and history to report things properly.
I can because I’m one of those people… although I don’t do it anymore. I always go for the primary document. I always want to read the actual opinion, the ruling, the EO, etc. There are always nuances that get missed by the media… but it’s in those nuances that the law lives.
This whole thing is going to come down to those magic words “subject to the jurisdiction thereof,” on a case from 1898. And prior to me (and a few others that spotted what he was up to Monday night as soon as we could read the actual EO) all everyone heard was he was trying to end the 14th Amendment. No, he’s trying to redefine US citizenship by having the Supreme Court do his dirty work and disenfranchise millions of Americans and their progeny in the process. That point has yet to be covered in the press.
If the Court does what I predict… millions of Americans will effectively lose their natural born status as American citizens. Because the law doesn’t operate in a vacuum and it doesn’t operate only for the exception.
And the legal fights begin…
Sane Judge! I hope we can keep our Constitution!
Good! We need more judges to push back against Trump’s continuing lawlessness.
How can it be a major loss? Birthright citizenship is in the Constitution. His EO is unconstitutional!
The convicted felon is a dangerous moron.
What about the ERA (EQUAL RIGHTS AMENDMENT) ? I'm beside myself! 🤬🤬🤬
Biden kinda fizzled out into some gaseous state it would appear.
Teri: I should have known that the ERA passing was too good to be true.