Summary

A fourth federal judge has blocked Trump’s executive order seeking to end birthright citizenship, ruling it likely violates the 14th Amendment’s Citizenship Clause.

U.S. District Judge Leo Sorokin cited the 1898 Supreme Court case United States v. Wong Kim Ark, which upheld birthright citizenship.

The order, issued on Trump’s first day in office, denies citizenship to children born to undocumented or temporary visa holders. Multiple lawsuits challenge the order, and appeals are pending.

Sorokin warned the order could cause lasting harm to affected children.

    • starman2112@sh.itjust.works
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      5 days ago

      The fact that he even tried it should be grounds for removal from office. He swore an oath to uphold the Constitution, and he has blatantly and openly violated it

      • LuxSpark@lemmy.cafe
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        7 days ago

        It should matter to a judge.I know there’s no hope it would matter to dur fuhrer.

      • danc4498@lemmy.world
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        6 days ago

        Only the Supreme Court gets to decide what’s constitutional and what’s not. Not even the words of the constitution have that power.

        • prole@lemmy.blahaj.zone
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          6 days ago

          I mean, not exactly… A lower court could rule that a law is unconstitutional, and SCOTUS could decide to not hear the case.

            • prole@lemmy.blahaj.zone
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              5 days ago

              It’s not though. There is a very big difference when precedent is set by the Supreme Court. By refusing to hear the case, they are refusing to set any precedent, effectively kicking the can down the road. Giving the winning party a reprieve, but not a true win in any real sense of the word.

              • danc4498@lemmy.world
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                5 days ago

                Either way it is up to the Supreme Court. If they want to set precedent they can. If they don’t want to, they don’t have to. Point being, it is up to the Supreme Court to decide what is constitutional or not.

                • prole@lemmy.blahaj.zone
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                  5 days ago

                  Right, when they take up a case and make a decision, they decide that the thing is, definitively (or until a future SCOTUS decides to just ignore precedent), constitutional or not.

                  By refusing to take up a case, they are not making a statement either way about the constitutionality. It remains murky. It is not the same as ruling something is constitutional. There is a big difference.

          • theneverfox@pawb.social
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            5 days ago

            True. They will pick and choose quotes out of context that so clearly violate the spirit of the document

        • hovercat@lemmy.blahaj.zone
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          6 days ago

          Not even that. Gun owners re-elected Mr. “Take the guns away 1st, due process 2nd”, they don’t even give a fuck. They’re all a bunch of hypocrites and will screech “SHALL NOT BE INFRINGED” over and over, but completely ignore the fact that Trump’s policies were absolutely abysmal for gun owners.

  • nomoredrama@lemmy.world
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    6 days ago

    It’s fine, just deport the parents. They can either take the kid, or have it put into foster care. And while that’s going on, they have congress work on closing the loophole.