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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsShould I be nervous that the Supreme Court is taking so long to release its ruling on the citizenship question?
During the oral arguments, it looked like the Supreme Court was most likely just going to reaffirm the 1898 Wong Kim Ark precedent, so why is it taking so long? It is making me nervous. I still think Trump will lose this case, but the Court could be weakening precedent by saying maybe this issue is up to Congress, which would open a Pandora's box of problems. Or is it just Thomas and Alito holding it up with dissents? I would like people's opinions.
LetMyPeopleVote
(183,554 posts)Lochloosa
(16,838 posts)They began the process to amend the constitution and it was affirmed by the states.
They can try again, but it won't go anywhere.
hookaleft
(1,171 posts)ignoring the 14th amendment and section 2 of the voting rights act. With the wide revulsion of the SC order in Calais it is expected that they will not rule against the birthright citizenship case to try to resuscitate themselves.
mwmisses4289
(5,039 posts)Will the idgits pushing this nonsense basically take away citizenship rights from anyone who isn't a straight white male of European descent? Never mind that many families who arent "white" can trace their heritage back before the u.s. was the u.s.
underpants
(197,657 posts)Jacson6
(2,298 posts)RainCaster
(13,933 posts)The entire far right majority of SCOTUS needs to be impeached and removed for all their corrupt rulings and personal dealings. That "shadow docket" makes a mockery of judicial process.
dalton99a
(96,060 posts)It's a low hanging fruit. The court should not have taken the case. Maybe they'll do a 6-3
then last question, though, why would we
address the constitutional issue -- this is the
last one -- why would we address the
constitutional issue given your argument on the
statutory -- our usual practice, as you're well
aware, of course, is to resolve things on
statutory grounds and -- and not to do a
constitutional ground.
MS. WANG: Sure. You know, I think we
obviously have these two paths to a win here.
We're happy to win on either or both of them.
I do think it would be prudent for the
Court to reaffirm its decision in Wong Kim Ark
where it's a landmark decision about the
definition of national citizenship in this
country. I just think it would be prudent for
the Court to go ahead and reaffirm that. But,
of course, we're happy to take a win on any
ground.
Fiendish Thingy
(24,373 posts)So it wont be a surprise if we dont hear anything on the citizenship question until the end of the month.
Dangling0826
(65 posts)Usually, the biggest cases have the most complex legal arguments where both sides have to find an agreement, which gives dissenters time to write their opinions. How complex is it to say, "We reaffirm Wong Kim Ark"? It could also be that some justices want to hold out for some legal theater. The fact that it hasn't been released makes me fear they will tinker with Wong Kim Ark.
Fiendish Thingy
(24,373 posts)Eliminating birthright citizenship will make court expansion in 2029 a near-certainty.
Which is why I think they wont do it.
Dangling0826
(65 posts)That will take political courage, and I just don't know if we will have it in 29. Some people say maybe it should be expanded by 3 seats, but I say raise it to 21. With a bigger number, it will be much harder for the court to go radical on both ends, and the court will always be changing after the initial few years.
Fiendish Thingy
(24,373 posts)It is up to the people to elect representatives with the courage to kill the filibuster and expand the court.