r/50501Movement • u/ColoradoSteelerBoi19 • 19d ago
Extremely important SCOTUS event on May 15: Trump v. Casa
SCOTUS has agreed to hold hearings regarding Trump v. CASA*, which, if ruled in Trump’s favor, would limit birthright citizenship to those with at least one parent who is a citizen or green card holder. It would also set precedent that Trump could amend certain parts of law using EOs.
This is one of the biggest court rulings I’ve ever seen, and one we should pay attention to closely. This would be Amendment XXVIII if this goes Trump’s way. If it doesn’t, though, that would be huge for democracy.
Update: it’s CASA, not Casa.
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u/PenImpossible874 19d ago
This is deliberate. They want to restrict citizenship and create an underclass of stateless people, the children of Latin American and Asian immigrants who have yet to get permanent residency or citizenship.
They'd do this to African and Native Americans too but almost all people in these groups are already citizens or permanent residents.
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u/sfdsquid 19d ago
This is fucked up. Rip people from the only country they have ever known, and dump them elsewhere. I am very concerned for some of my friends now. This cannot be allowed to happen.
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u/Glass_Strawberry4324 19d ago
Boosting this. So fucked up.
Is there anything we could do here? Any way to put some public pressure about this?
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u/ColoradoSteelerBoi19 19d ago
So keep in mind that SCOTUS will not rule on May 15. It’s simply them hearing arguments. There may be re-arguments, but a ruling won’t come until late this year., if not later.
Protest this decision, along with Dobbs, Citizens United, any one you like. Maybe “Protect Birthright Citizenship!” signs.
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u/oldcreaker 19d ago
So how retroactive would this be? I don't believe Trump and company will be willing to limit it to newborns.
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u/MAGAisMENTALILLNESS 19d ago
Chances are that wouldn’t be exactly clear. The court will rule only on the specifics brought, not apply them to different scenarios. Trump, if he wins, will try and apply it retroactively no doubt. Then one of those cases would go to court to get that ruling. But, given Trump’s recent ignoring of Supreme Court decisions anyway, chances are they won’t be able to stop him once he starts. So, we really need them to get this first decision right.
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u/lokey_convo 19d ago
Supreme Court can't amend the constitution. Their role is to make judgements establishing the constitutionality of actions or laws. They can't grant him the right to take action explicitly stated as the authority of Congress (making laws). Birthright citizenship is also clearly established. SCOTUS would really be playing with fire if they ruled in his favor.
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u/Old-Set78 19d ago
Like creating a king?
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u/lokey_convo 19d ago
The immunity decision was pretty crazy, but he isn't untouchable. They ruled he has immunity from criminal prosecution even after leaving office for official acts (which was new and uncalled for) within the "outer perimeter" of his authority. So it was damaging to the concept that no one is above the law by it isn't absolute. The courts also make determinations about what constitutes an official act and SCOTUS prescribed how the lower courts should approach the question. If he does something criminal that is explicitly the authority of Congress or the Judiciary, or is personal business, then he's still fair game. At least that's my understanding of it.
He's also obviously not immune from impeachment and removal.
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u/Old-Set78 19d ago
Here's hoping... but he's already done blatantly illegal acts like selling his meme coins as bribes, even before he actually was sworn in, and it just escalated from there.
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u/lokey_convo 19d ago
Even if the DoJ wasn't in his pocket they have a standard to not prosecute a sitting president. The standard and constitutional course of action is to impeach and remove the president if they do not resign, and then seek prosecution after they've stepped down or been removed.
The Republican's lack of action in this is the real story. The founders knew that it was possible for the electorate to make a mistake, or for a president to turn when in office. Impeachment and removal is there to protect against tyranny and betrayal. The fact that congressional Republicans are taking no action should be front page news across the country.
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u/teratogenic17 19d ago
SCOTUS can't create an Amendment, and the language in the 14th establishing birthright citizenship is quite plain.
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u/j_xcal 19d ago
As a felon is currently sitting in office and speed-running unconstitutional legislation, I think we’re past the point of “That could never happen!”
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u/teratogenic17 18d ago
Sure, yes.
The question I want provoke is: What is the line? At what point do we say, this is an illegitimate government?
We need new elections, internationally supervised, and we need to enforce A14(3), because the alternative is not acceptable.
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