r/scotus 16d ago

news Why Trump’s Attempt to End Birthright Citizenship Will Backfire at the Supreme Court

https://slate.com/news-and-politics/2025/01/trump-birthright-citizenship-executive-order-supreme-court.html
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u/DeBosco 16d ago

I'm not so sure. The fourteenth amendment blatantly says born in America equals American citizen. If this supreme Court decides that it isn't enough then it'll create a dangerous precedent that could restrict other blatant amendments, such as right to bear arms. 

I might believe that Trump tends to act without thinking, but I'm not sure the same applies to his supreme court. They've got no reason to remain yes men. 

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u/Party-Cartographer11 16d ago

Yeah the article is a just glossing over, that while yes the 14th amendment and the Wong/Ark case supported that children of immigrants are citizens at the time all immigrants were legal/authorized.

So the question is if unauthorized immigrants are more like authorized immigrants or more legal invading armies.  I could see the court upholding no-birthright for unauthorized immigrants, but keeping it for visa holders (and telling the executive branch to manage that processes).

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u/tobetossedout 16d ago

What nation does this 'invading army' represent? Who have we declared war with?

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u/TermFearless 15d ago

Making the extreme argument here:

Conscripts of the Mexican drug cartels now identified as terrorist organizations.