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Joined 2 years ago
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Cake day: June 9th, 2023

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  • Fair point.

    I was definitely too focused on the narrow “did they rule on birthright citizenship” question and missed the bigger picture. You’re right that this is way more than just procedural, it’s a massive shift in executive power.

    The fact that federal judges can now only issue piecemeal, state-by-state rulings essentially breaks their ability to actually check presidential overreach in any meaningful way.

    I think I got too caught up in fact checking the specific headline and missed how big Trump’s win actually was here, just not in the way the headlines suggested. Thanks for the correction.


  • 100% on both counts.

    The forum shopping issue you’re describing is exactly the problem. Trump’s team can now basically pick and choose where to implement policies that have been ruled unconstitutional elsewhere. It creates this patchwork where your constitutional rights depend on geography, which is obviously fucked.

    And you’re spot on about the cowardice. The Supreme Court absolutely should have ruled on the constitutional question first. That’s the actual substantive issue everyone cares about. Instead they took the cop out that gives Trump more power without having to make the hard call on whether his order is constitutional.

    Honestly it looks like classic Roberts Court behaviour: make big changes to how government works while pretending you’re just doing technical legal housekeeping. They know damn well that ruling on birthright citizenship would be messy and politically explosive, so they found a way to help Trump without having to own the constitutional implications.

    Your point about this cutting both ways (like with mifepristone) is important too, but the timing here makes it pretty clear what they’re really doing.


  • Looking into it this whole thing is way more complicated than the headline makes it sound. The Supreme Court didn’t actually give Trump permission to end birthright citizenship, they just made a ruling about how courts can block federal policies nationwide.

    Basically what happened: Trump’s birthright citizenship order has been blocked by multiple federal judges who said it’s probably unconstitutional. Instead of arguing the constitutional issue (which he’d probably lose), Trump’s team asked the Supreme Court to limit judges’ power to issue nationwide blocks on policies. The Court agreed 6-3, but they specifically did NOT rule on whether ending birthright citizenship is legal.

    So now Trump’s celebrating like he won, but really all that changed is the procedural stuff. The constitutional problems with his order are still there: the 14th Amendment is pretty clear about birthright citizenship. Lower courts still have to reconsider their rulings, and immigrant rights groups are already filing new lawsuits.

    It’s more of a tactical win for Trump that might let him try to implement parts of his agenda in some places, but the fundamental legal challenges haven’t gone away. The Truthout article is at least a little hyperbolic imo.