this post was submitted on 27 Sep 2025
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Government lawyers asked the justices to clear the way for the president’s executive order ending birthright citizenship.

top 36 comments
sorted by: hot top controversial new old
[–] spaghettiwestern@sh.itjust.works 124 points 4 days ago (1 children)

At this point it would only be mildly surprising if the 6 evil fuckers on the Supreme Court declared the entire Constitution unconstitutional.

[–] N0t_5ure@lemmy.world 82 points 4 days ago

Sadly, I agree. This is a hard-stop moment. Birthright citizenship was added by the 14th amendment in 1868 to give citizenship rights to the newly freed slaves. The amendment overruled Dred Scott v. Sandford, which held that black people could not be American citizens, either enslaved or free. The plain language of the amendment is clear and unambiguous, "All persons born . . . in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." It has consistently been construed as applying the principle of jus soli—right of the soil, as opposed to jus sanguinis—right of blood, which looks to the nationality of the parents to determine citizenship. Simply put, if you were born on American soil, you are an American citizen. Anything less than a unanimous decision rejecting Trump's efforts to destroy the Constitution would be deeply troubling. If birthright citizenship falls, there is no longer a binding Constitution.

[–] RoidingOldMan@lemmy.world 71 points 4 days ago (2 children)

I wonder how many of them will vote to void the constitution.

[–] karashta@sopuli.xyz 25 points 4 days ago

I'm betting around 6

I worry that I'll find out.

[–] ExtremeDullard@piefed.social 52 points 4 days ago* (last edited 4 days ago) (1 children)

...with special exemptions for children of Slovenian gold diggers.

[–] Gladaed@feddit.org 9 points 4 days ago (2 children)

Why? They ain't talking about retroactivity are they?

[–] ExtremeDullard@piefed.social 28 points 4 days ago* (last edited 4 days ago) (1 children)

Do you want to take a bet on that?

If the regime designates someone as a dangerous Trans de Antifa leftist lunatic gang member, pretty sure I'm sure they'll soon propose to strip them of their citizenship even if they're 100% First Nation and deport them to Libya or wherever.

Illegal is what fascist regimes do.

[–] Gladaed@feddit.org 8 points 4 days ago

Gonna do that with natural citizens anyway.

[–] skeptomatic@lemmy.ca 5 points 4 days ago

"(b)  Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order."

[–] betterdeadthanreddit@lemmy.world 45 points 4 days ago (1 children)

American people ask the Supreme Court to allow end of Trump administration.

[–] ExtremeDullard@piefed.social 30 points 4 days ago (2 children)

The Supreme Court has been co-opted by MAGA. Haven't you heard?

They're Trump's rubber stamp. And all that for the price of a Winnebago for some justices. Who would have thought it would be so cheap to buy justice...

Sometimes I like to imagine what would happen if we got snapped into the alternate universe that isn't always doing the most stupid and terrible thing in the dumbest and most cruel way possible.

[–] aesthelete@lemmy.world 1 points 3 days ago

They were inclined to vote these ways anyway. The Winnebago money was just a sweetener.

[–] CubitOom@infosec.pub 45 points 4 days ago (4 children)

This was already decided in United States v. Wong Kim Ark in 1898.

Why does the Regime get to try it again?

[–] MangioneDontMiss@feddit.nl 42 points 4 days ago* (last edited 4 days ago)

They can do whatever they want. They control the courts and every branch of government. So they're going to do whatever they want. The government is irreparably broken and anyone who thinks it isn't is either ignorant or delusional.

[–] Frozengyro@lemmy.world 34 points 4 days ago (1 children)

They killed Roe v Wade, they will do anything they want.

[–] 3abas@lemmy.world 15 points 4 days ago (1 children)

And the Dems moved on to Newsom making MAGA inspired merch. You need a revolution.

[–] ExtremeDullard@piefed.social 19 points 4 days ago (1 children)

The sad thing about Newsom's trolling is that it's the only thing that works. That's what's truly pathetic.

[–] zbyte64@awful.systems 7 points 3 days ago* (last edited 3 days ago)

Because the conservative justices have signaled that precedence doesn't matter if they don't want it to. Maybe other judges need to follow suit to make a point...

[–] Geobloke@aussie.zone 4 points 3 days ago

Not saying I agree with it, but this is how they will try to reinterpret that case.

Note that this was published 2011 during Obama's term, presumably when arguing that he didn't have a long form birth certificate

https://www.heritage.org/immigration/commentary/birthright-citizenship-fundamental-misunderstanding-the-14th-amendment

[–] toiletobserver@lemmy.world 23 points 4 days ago (2 children)
[–] mudkip@lemdro.id 7 points 4 days ago

Needs to happen

[–] ExtremeDullard@piefed.social 3 points 4 days ago* (last edited 4 days ago)

Well, they haven't gotten around to releasing those files yet. They're still working on it.

But they boldly released the Amelia Earhart files yesterday. And let me tell you: I can't wait to find out how this disgusting pervert abused underage airplanes, and who were her accomplices!

[–] manxu@piefed.social 19 points 4 days ago (1 children)

I mean, the language of the 14th Amendment couldn't be any clearer.

The 2nd Amendment, on the other hand, always mentioned the "well-regulated militia." When this is over, if SCOTUS decides the plain language of 14 doesn't matter, I guess it's time to seriously look at the public health emergency that is unregulated access to guns.

[–] ExtremeDullard@piefed.social 4 points 4 days ago

The Constitution is as good as the powers-that-be's willingness to abide by it. And right now, all it's good for is as toilet paper for Trump's ample ass.

[–] Archangel1313@lemmy.ca 18 points 4 days ago (1 children)

That's not how a Constitutional Republic works.

[–] ExtremeDullard@piefed.social 4 points 4 days ago

That’s not how a Constitutional Republic works.

In countries that have one, you're correct, it's not how it works.

[–] onslaught545@lemmy.zip 11 points 4 days ago (1 children)

Doesn't that mean that Trump isn't a citizen?

Shit, my wife is actually technically safe from this one since she's 1/8 Native American, but is super white with red hair.

[–] silence7@slrpnk.net 12 points 4 days ago (1 children)

Nah. It means that people wont be able to prove citizenship anymore, so they can just sell them into slavery or whatever

[–] onslaught545@lemmy.zip 7 points 4 days ago (1 children)

It's weird they think they need a pretense for that since the 13th amendment legalizes slavery.

I've been saying since the beginning that they never planned on deporting every brown person. They were building their labor camps so they can use slave labor instead of having to pay illegals slave wages.

[–] ghosthacked@feddit.uk 5 points 4 days ago

Paying illegals wasn't cheap enough. They had to try to go back to slavery. Far right folks are really nasty people aren't they

[–] Treczoks@lemmy.world 6 points 3 days ago (1 children)

Since when can an executive order or scotus decision just so nix a constitutional amendment?

[–] ILoveUnions@lemmy.world 2 points 1 day ago

Constitutional amendments are like, explicitly a check against the supreme court. They can't... But that won't stop them.