Name That Justice
Today is a big day for the United States Supreme Court. There will be the birthright citizenship case, a case on election funding, and the trans-sports case.
Many of my conservative friends have dogmatically convinced themselves that the nation has applied birthright citizenship wrong for the past hundred years. I actually think we have not, even as I disagree with how we do it. Birth tourism is bad.
Congress could act. But Congress has chosen not to act. So the courts and society have gone down this rabbit hole. But there is, despite very loud protestations to the contrary, a reasonable interpretation that an illegal alien who intends to remain in the United States and gives birth to a child here will have her child be an American citizen. I actually think birth tourism, as someone who just intends to pass through, could fall outside the 14th Amendment.
The issue is one of dogmatic conviction for a lot of people. I’ve just never frankly bought the argument. It’d be fine if the Court rules, in the interest of equity, that the 14th Amendment does not make illegal alien children citizens and applies it prospectively. I just don’t think that will happen.
What I think will happen is the long held and applied standard will prevail and the Court will decide Congress can act otherwise, but the Court will not change existing practice on its own; the President cannot, via executive order, do it either.
We will see.
In the meantime, guess which Justice this is:
Voted to get rid of Roe v. Wade.
Voted to get rid of Chevron.
Gave President Trump immunity from prosecution.
Blocked states from removing President Trump from the ballot.
Ended affirmative action.
Ended temporary protected status for Haitians and Syrians.
Allowed states to prohibit transitioning for minors
Empowered the President to fire appointed commissioners of independent agencies.
Ended the Lemon rule and expanded religious liberty.
Expanded gun rights.
Ended majority-minority districts.
That would be Amy Coney Barrett’s voting record on the Court.
