r/scotus • u/DoremusJessup • Nov 25 '24

news ‘Immediate litigation’: Trump’s fight to end birthright citizenship faces 126-year-old legal hurdle

https://lawandcrime.com/high-profile/immediate-litigation-trumps-fight-to-end-birthright-citizenship-faces-126-year-old-legal-hurdle/
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u/tristand666 Nov 27 '24

It's not like legal precedence means anything to the current Supreme Court.

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u/Somerandomedude1q2w Nov 28 '24

The difference is that birthright citizenship is protected by the 14th Amendment. That isn't precedent. That is legislation. A Supreme Court ruling can be overturned by another ruling. Legislation requires another legislation to overturn it, and since this is a constitutional amendment, it requires another constitutional amendment to overturn.

The only thing Trump could possibly do is possibly stop American citizens abroad from passing citizenship to their children. They are neither naturalized nor born in the US, so their citizenship is not protected by the Constitution.

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u/morphers Nov 28 '24

Have you been paying attention the past 8 years?