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Takeaways from Supreme Court arguments on birthright citizenship

Takeaways from Supreme Court arguments on birthright citizenship
If you were born in America, citizenship is your birthright. You promised to end birthright citizenship on day one. Is that still your plan? Yes, absolutely. We're going to end that because it's ridiculous. It's almost certainly going to be challenged in the courts. The 14th Amendment to the Constitution guarantees birthright citizenship in the US, meaning any child born in the country is *** citizen with some very limited exceptions. Following the Civil War in 1868, the 14th Amendment was ratified, but it's in the spotlight now with critics calling for its end. President-elect Donald Trump said he would issue an executive order to end birthright citizenship. Under Biden's current policies, even though these millions of illegal border crosses have entered the country unlawfully, all of their future children will become automatic US citizens. Can you imagine? They'll be eligible for welfare, taxpayer funded health care, the right to vote, chain migration, and countless other government benefits. Senator Tim Kaine, *** Democrat from Virginia, recently took to the floor to remind fellow lawmakers of the 14th Amendment's history. Section 1 states all persons born or naturalized in the United States and subject to the jurisdiction thereof. Are citizens of the United States and of the state wherein they resign. This protection overturned the Supreme Court's ruling in the 1857 case Dred Scott v. Sanford, which had ruled that enslaved people were not citizens of the US and therefore did not have the same protections as citizens. Dred Scott was enslaved trying to fight his way to freedom as the Civil War came to *** close with President Lincoln assassinated. And with slavery abolished by the 13th Amendment. The reunited nation realized it needed to fix the damage done by the Dredsky case. The Supreme Court further defined citizen in the 1898 ruling of United States v. Wong Kim Ark, born in San Francisco to Chinese immigrants, Wong Kim Ark was denied reentry to the US after visiting his parents in China. He was denied on grounds that he was not considered *** US citizen under the Chinese Exclusion Act. The court ruled in Kim Ark's favor, stating he was *** citizen because he was born on US soil. This landmark decision helped clearly define the Supreme Court's interpretation of *** citizen. Birthright citizenship means that you are *** US citizen if you are born in America. Your right to citizenship does not depend upon the status of your parents. And from then on, millions of people across America have benefited from this protection. Dred Scott, Wong Kimmar. And Donald Trump all meet that test. According to the Pew Research Center, 4.4 million US born children lived with an unauthorized immigrant parent in 2022. The population is estimated to have grown since then. This concept of just sole, the right of the soil, is shared with dozens of other countries. 75 countries in the world have some form of birthright citizenship, of which over 30 have unrestricted birthright policies like the United States. So can *** president end birthright citizenship? The straightforward answer is not likely. No president has the authority to eliminate or modify *** constitutional amendment. If they were to issue an executive order, it would be unconstitutional. Changing *** constitutional amendment would need extensive support from lawmakers. The process is pretty laborious. It's pretty long and difficult. Amending the Constitution requires 2/3 support in both houses of Congress. And the ratification by 3/4 of state legislatures. Republican Senator Lindsey Graham is pushing *** bill to get rid of birthright citizenship by adding requirements to the parents' legal status in order to gain citizenship. In *** 2023 campaign video, Trump previewed his intentions on the matter. My new term in office, I will sign an executive order making clear to federal agencies that under the correct interpretation of the law. Going forward, the future children of illegal aliens will not receive automatic US citizenship. Trump said he would also stop pregnant women from entering the US to give birth, *** practice sometimes referred to as birth tourism. If in the off chance the 14th Amendment does change, some experts say it would create new issues. What we would do is essentially create an entire class of stateless people, an entire class of stateless children. These children can't be deported anywhere they're only citizens of the United States so we have people here who would not have the full rights and privileges of being *** US citizen that would cause economic instability, social instability.
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Takeaways from Supreme Court arguments on birthright citizenship
The Supreme Court on Thursday seemed open to lifting a series of nationwide orders blocking President Donald Trump from enforcing his birthright citizenship policy, even as several of the justices wrestled with the practical implications of allowing the government to deny citizenship to people born in the US.After more than two hours of argument, it was uncertain how a majority of the court might deal with those two competing interests.Some key conservatives suggested that the groups challenging Trump鈥檚 order might look to other types of lawsuits to stop the policy from taking effect. Other justices suggested the court might be willing to quickly review the questionable constitutionality of Trump鈥檚 birthright citizenship order.At least part of Trump鈥檚 argument appeared to find purchase on the conservative court: That lower court judges were too frequently shutting down the president鈥檚 policies with too little review.But that left several of the conservatives questioning what to do, in the meantime, with Trump鈥檚 policy, which appears to conflict directly with the text of the 14th Amendment.Here鈥檚 a look at some of the key takeaways from the argument:Kavanaugh, a key vote, suggests class-action lawsuits insteadJustice Brett Kavanaugh, a member of the conservative wing, suggested that class-action lawsuits would suffice for allowing the challengers to Trump鈥檚 executive order to get broad relief from the courts. He brushed away the suggestion from challengers that relying on class certification as a tool raises many of the same issues as nationwide injunctions the president is complaining about.It鈥檚 a technical point, Kavanaugh acknowledged, but a potentially important one. Part of what Kavanaugh seemed to be saying was that there was another way for the groups challenging Trump to quickly shut down the order. Chief Justice John Roberts, who was relatively quiet throughout the course of the arguments, repeatedly stressed that the courts, including the Supreme Court, could move 鈥渆xpeditiously.鈥漌hen judges certify a class, they must consider who would be affected by the court鈥檚 ruling. That鈥檚 a higher hurdle to clear than simply reviewing the policy for its likely legality and shutting it down.The Trump administration has pointed to class-action lawsuits as being the proper vehicle for courts to issue orders that would broadly block enforcement of an unlawful presidential policy while the issue travels up higher courts. Liberal justices on Thursday, and conservative Justice Amy Coney Barrett, grilled Solicitor General D. John Sauer on the possibility that the administration would fight in court against a request for class certification in this case.But Kavanaugh seemed to cast doubt at one point on whether the administration would prevail in its efforts to oppose class certification. By the end of the arguments, the class actions as an alternative were front-and-center on Kavanaugh鈥檚 mind.Liberals pepper Trump attorney on practical impactThe court鈥檚 three liberals battered Sauer with questions about how rolling back nationwide injunctions would work in practice. They quickly sought to move the debate beyond the Trump鈥檚 administration assertion that its request was 鈥渕odest.鈥滼ustice Ketanji Brown Jackson pressed Sauer on whether his opposition to a universal injunction in the citizen birthright case could lead to requiring every individual to file their own lawsuit in the case.鈥淭he real concern, I think, is that your argument seems to turn our justice system, in my view at least, into a 鈥榗atch me if you can鈥� kind of regime,鈥� Jackson said, 鈥渨here everybody has to have a lawyer and file a lawsuit in order for the government to stop violating people鈥檚 rights.鈥漈he court鈥檚 conservatives engaged with that discussion less but several nevertheless raised the issue.Barrett questions why merits aren鈥檛 before courtBarrett, who has emerged as a key vote in several cases this year involving the Trump administration, pressed Sauer about why the government is avoiding the merits of the birthright citizenship issue.Her line of questioning drew an important concession from Sauer, who acknowledged the legal arguments defending the merits of Trump鈥檚 order were 鈥渘ovel鈥� and 鈥渟ensitive.鈥濃淪o this one isn鈥檛 clear cut on the merits?鈥� Barrett asked.Barrett, who has occasionally joined her liberal colleagues in some hot-button cases, also pressed Sauer on why the administration is opposed to a nationwide injunction but generally willing to accept a class-action judgment that would likely have the same effect.Sauer responded with two points: First, securing a class action can be more difficult. Second, a class-action judgement would require challengers to put more skin in the fight. In other words, if the members of class action lost, they would collectively also be bound by the decision the same way the government is.鈥淪o they鈥檙e taking a grave risk, so to speak, by proceeding through a class action and it has this symmetry where the government is bound if we lose, they are bound if we don鈥檛 lose,鈥� he said. 鈥淎nd that鈥檚 very, very important distinction.鈥滺ow soon will the court rule?In the run up to the arguments, there was significant debate about what the case is actually about: Was it about judicial power, and the ability of lower courts to block a president or the practical impacts of allowing this president to enforce this order?Throughout the debate on Thursday, it was clear that many of the justices were also having difficulty separating those two issues.Even though the case has reached the Supreme Court in an emergency posture, it鈥檚 not clear how long it will take the justices to resolve it. The last time the court held arguments in an emergency case, an appeal dealing with environmental regulations, it took the justices several months.Given the complications involved in the birthright case, it鈥檚 possible the court will need until the scheduled end of its term next month.

The Supreme Court on Thursday seemed open to lifting a series of nationwide orders blocking President Donald Trump from enforcing his birthright citizenship policy, even as several of the justices wrestled with the practical implications of allowing the government to deny citizenship to people born in the US.

After more than two hours of argument, it was uncertain how a majority of the court might deal with those two competing interests.

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Some key conservatives suggested that the groups challenging Trump鈥檚 order might look to other types of lawsuits to stop the policy from taking effect. Other justices suggested the court might be willing to quickly review the questionable constitutionality of Trump鈥檚 birthright citizenship order.

At least part of Trump鈥檚 argument appeared to find purchase on the conservative court: That lower court judges were too frequently shutting down the president鈥檚 policies with too little review.

But that left several of the conservatives questioning what to do, in the meantime, with Trump鈥檚 policy, which appears to conflict directly with the text of the 14th Amendment.

Here鈥檚 a look at some of the key takeaways from the argument:

Kavanaugh, a key vote, suggests class-action lawsuits instead

Justice Brett Kavanaugh, a member of the conservative wing, suggested that class-action lawsuits would suffice for allowing the challengers to Trump鈥檚 executive order to get broad relief from the courts. He brushed away the suggestion from challengers that relying on class certification as a tool raises many of the same issues as nationwide injunctions the president is complaining about.

It鈥檚 a technical point, Kavanaugh acknowledged, but a potentially important one. Part of what Kavanaugh seemed to be saying was that there was another way for the groups challenging Trump to quickly shut down the order. Chief Justice John Roberts, who was relatively quiet throughout the course of the arguments, repeatedly stressed that the courts, including the Supreme Court, could move 鈥渆xpeditiously.鈥�

When judges certify a class, they must consider who would be affected by the court鈥檚 ruling. That鈥檚 a higher hurdle to clear than simply reviewing the policy for its likely legality and shutting it down.

The Trump administration has pointed to class-action lawsuits as being the proper vehicle for courts to issue orders that would broadly block enforcement of an unlawful presidential policy while the issue travels up higher courts. Liberal justices on Thursday, and conservative Justice Amy Coney Barrett, grilled Solicitor General D. John Sauer on the possibility that the administration would fight in court against a request for class certification in this case.

But Kavanaugh seemed to cast doubt at one point on whether the administration would prevail in its efforts to oppose class certification. By the end of the arguments, the class actions as an alternative were front-and-center on Kavanaugh鈥檚 mind.

Liberals pepper Trump attorney on practical impact

The court鈥檚 three liberals battered Sauer with questions about how rolling back nationwide injunctions would work in practice. They quickly sought to move the debate beyond the Trump鈥檚 administration assertion that its request was 鈥渕odest.鈥�

Justice Ketanji Brown Jackson pressed Sauer on whether his opposition to a universal injunction in the citizen birthright case could lead to requiring every individual to file their own lawsuit in the case.

鈥淭he real concern, I think, is that your argument seems to turn our justice system, in my view at least, into a 鈥榗atch me if you can鈥� kind of regime,鈥� Jackson said, 鈥渨here everybody has to have a lawyer and file a lawsuit in order for the government to stop violating people鈥檚 rights.鈥�

The court鈥檚 conservatives engaged with that discussion less but several nevertheless raised the issue.

Barrett questions why merits aren鈥檛 before court

Barrett, who has emerged as a key vote in several cases this year involving the Trump administration, pressed Sauer about why the government is avoiding the merits of the birthright citizenship issue.

Her line of questioning drew an important concession from Sauer, who acknowledged the legal arguments defending the merits of Trump鈥檚 order were 鈥渘ovel鈥� and 鈥渟ensitive.鈥�

鈥淪o this one isn鈥檛 clear cut on the merits?鈥� Barrett asked.

Barrett, who has occasionally joined her liberal colleagues in some hot-button cases, also pressed Sauer on why the administration is opposed to a nationwide injunction but generally willing to accept a class-action judgment that would likely have the same effect.

Sauer responded with two points: First, securing a class action can be more difficult. Second, a class-action judgement would require challengers to put more skin in the fight. In other words, if the members of class action lost, they would collectively also be bound by the decision the same way the government is.

鈥淪o they鈥檙e taking a grave risk, so to speak, by proceeding through a class action and it has this symmetry where the government is bound if we lose, they are bound if we don鈥檛 lose,鈥� he said. 鈥淎nd that鈥檚 very, very important distinction.鈥�

How soon will the court rule?

In the run up to the arguments, there was significant debate about what the case is actually about: Was it about judicial power, and the ability of lower courts to block a president or the practical impacts of allowing this president to enforce this order?

Throughout the debate on Thursday, it was clear that many of the justices were also having difficulty separating those two issues.

Even though the case has reached the Supreme Court in an emergency posture, it鈥檚 not clear how long it will take the justices to resolve it. The last time the court held arguments in an emergency case, an appeal dealing with environmental regulations, it took the justices several months.

Given the complications involved in the birthright case, it鈥檚 possible the court will need until the scheduled end of its term next month.