In a 6-3 vote, the Supreme Court just green lit the Trump administration overturning birthright citizenship.
The ruling elentlessly partisan and relentlessly corrupt ruling.
The Supreme Court on Friday granted the Trump administration’s request to partially pause rulings by three federal judges that had blocked President Donald Trump’s executive order ending birthright citizenship – that is, the guarantee of citizenship to virtually anyone born in the United States. By a vote of 6-3, the justices repudiated the concept of universal or nationwide injunctions, which prohibit the government from enforcing a law or policy anywhere in the country. The justices did not, however, weigh in on the question at the center of the three lawsuits before the court: whether the birthright citizenship order itself is constitutional.
The Trump administration will also likely continue to be barred from enforcing the order – which will not go into effect for 30 days – against the individual pregnant plaintiffs who had challenged it. But the court’s opinion, by Justice Amy Coney Barrett, left open the prospect of additional litigation in the lower courts about how much more the injunctions should be narrowed, as well as the possibility of class action litigation to challenge the order on behalf of groups of plaintiffs who were not part of the litigation before the court but would be affected by the order.
Barrett acknowledged arguments that “the universal injunction ‘give[s] the Judiciary a powerful tool to check the Executive Branch.’ But federal courts do not exercise general oversight of the Executive Branch; they resolve cases and controversies consistent with the authority Congress has given them,” she emphasized. “When a court concludes that the Executive Branch has acted unlawfully, the answer is not for the court to exceed its power, too.”
Justice Sonia Sotomayor dissented, in an opinion that she read from the bench – a signal of her strong disagreement with the majority’s ruling. She stated that the majority had ruled that, “absent cumbersome class-action litigation, courts cannot completely enjoin even such plainly unlawful policies unless doing so is necessary to afford the formal parties complete relief. That holding renders constitutional guarantees meaningful in name only for any individuals who are not parties to a lawsuit.”
This is Dredd Scott level sh%$.
Trump is going to use this to unconstitutionally deport anyone not actively involved in a lawsuit.
Theoretically, this ruling, and Trump's executive order, could be used to reinstitute the provisions of Dredd Scott and strip Black people of citizenship rights, because before the passage of the 14th amendment, that ruling declared that Black people could never be US citizens.
We're going to see some Republican trying this soon.
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