President Donald Trump’s administration asked the Supreme Court in a series of emergency appeals Thursday to allow him to move forward with plans to end birthright citizenship, elevating a fringe legal theory that several lower courts have resoundingly rejected.
It’s about whether the parents are owed due process in the courts. Its about whether the people taking action against immigrants will be judges, prosecutors, and cops, or soldiers, sailors, airmen, and Marines.
I am not confused about the intent. The intent is pretty clear. What I’m confused about is the legal argument. The reason I am confused is that he is trying to eliminate birthright citizenship; that means that the defendants are all of the people born in the United States to two non-citizen parents. Which also means that his legal argument is that the act of being born under these circumstances on US land means that you are not subject to the jurisdiction of the US, which puts you into the role of diplomat or enemy combatant. So unless he’s trying to say that US-born babies of non-citizens are diplomats of their parents’ respective countries… the only possible interpretation is that they are foot soldiers of some invading army.
Which brings me back to the point of showcasing how utterly ridiculous that argument is, and why I am confident that any functional supreme court would laugh the case out of the building.
Its not about the kids.
It’s about whether the parents are owed due process in the courts. Its about whether the people taking action against immigrants will be judges, prosecutors, and cops, or soldiers, sailors, airmen, and Marines.
I am not confused about the intent. The intent is pretty clear. What I’m confused about is the legal argument. The reason I am confused is that he is trying to eliminate birthright citizenship; that means that the defendants are all of the people born in the United States to two non-citizen parents. Which also means that his legal argument is that the act of being born under these circumstances on US land means that you are not subject to the jurisdiction of the US, which puts you into the role of diplomat or enemy combatant. So unless he’s trying to say that US-born babies of non-citizens are diplomats of their parents’ respective countries… the only possible interpretation is that they are foot soldiers of some invading army.
Which brings me back to the point of showcasing how utterly ridiculous that argument is, and why I am confident that any functional supreme court would laugh the case out of the building.