5mo ago

Trump can’t shut down birthright citizenship, appeals court rules

www.independent.co.uk

Summary

A U.S. appeals court has blocked Donald Trump's executive order attempting to end birthright citizenship for children of non-citizen parents.

The 9th Circuit Court of Appeals rejected the Trump administration’s emergency stay request, upholding a lower court's nationwide injunction.

The ruling, made by a three-judge panel, argued that citizenship rights under the 14th Amendment are beyond presidential authority to alter.

The Justice Department is appealing similar rulings in other states, and the case may ultimately reach the Supreme Court. Arguments in the 9th Circuit case are set for June.

54 comments

have the courts actually stopped vice president trump yet?
- I'm assuming this will travel to the supreme court
  
  Does it even need to? It's very clear wording. There is literally no argument you could make that can misinterpret the language. It's like the singular thing in the constitution that is extremely clear language.
  
  has that stopped him?
- He's mostly followed rulings so far, so yes
  Edit: and to clarify, I mean this in a "fight every fight" kind of way. Don't give in and assume all fights are hopeless. That is exactly what Trump et al want from you. Use every tool to fight back
  
  I don't know where you've been, but it's entirely the opposite.
  https://theconversation.com/why-federal-courts-are-unlikely-to-save-democracy-from-trumps-and-musks-attacks-249533
  
  Lol, Expect for all the ones that he hasn't.
  Are you uninformed? Or intentionally ilinformed?
  
  … what
  
  Just straight up false. Who is upvoting this shit?
"That's what the WOKE JUDGES say, but WE ALL KNOW they're not Americans!"
Yes, I threw up in my mouth a little bit having to come up with that. But the fact is that they can just ignore the courts and the Constitution, because who's going to stop them? The Department of Justice?
It's going to have to be you. And me. And our friends, family, neighbors. We're on the fourth box, and making use of it will entail conflicts far worse than this country has previously experienced.
- Edit: By downvoting me you are advocating for violence.
  I think it's too soon to say we're on the fourth box already. Let's wait until SCOTUS and the impeachment in Congress fail.
  
  The SCOTUS that ruled that this sitting president cannot be criminally charged for anything he does while in office, as long as it's an "official act"? This president who recently echoed Napoleon and Nixon with "He who saves his Country does not violate any Law"? Who sits in the White House that repeated his "LONG LIVE THE KING" statement with a picture of him as a king?
  Or did I miss a /s on your comment?
  
  You have to stop waiting, waiting is how you ended up like that.
  
  i don't advocate for violence but we should surely do more than wait for the coming failure
  
  It's difficult to let the judicial system move through its processes so slowly, but I agree with this comment. If the people decide to invalidate the courts by taking matters into their own hands, then they are no better than those who seek to defy the courts. If you believe in democracy then you must also have some faith in the courts, no? That's not to say the courts won't fail, but circumventing them prematurely would be, as I see it, a definitive loss for the people.
Trump Proposes X.
Media: "Trump can't do X."
Trump [Does it anyway.]
Media: "Judge says Trump can't do X."
Trump: [Does it anyway.]
Media: "Trump uses executive order to do X."
Trump: [Was doing it from the start.]
OK, here we go, round one @ the Supreme Court re: rule by edict.
This is the real canary to see if we still have a country
- facts.
  sadly though, even if they stop one thing, they will not stop em all. he's setting a precedent every future ~~President~~ king of America will use to further the agenda of the ruling class (unless an FDR figure emerges to redirect that power at wealth redistribution).
  the president may in fact now be a king and both parties (one party really - the ultra rich) has either actively enabled or done almost nothing to dismantle executive authority since at least Reagan.
  the monarchists won control of the country, backed by corporatist billionaires. time will tell if it's reversible or even salvageable. might be wise to begin building the figurative life rafts.
- Yeah, but this one is an intentional huge over-reach. So when other, less outright violations of the Constition come up, they'll seem like no big deal by comparison.
Is it beyond the authority of the king?
- The current version of Constitution doesn’t support installing Monarchy. You would need to fork Constitution, and release a new version that does. Then, you would need to uninstall Democracy, JusticeSystem, and a long list of other packages. Then, you can install your custom version of Constitution and Monarchy.
  Doing so is not recommended, since severe stability issues have been reported by many countries that have tried it. If you break your country, you can keep the pieces.
  
  Part of the problem is that we are on US Constitution 2.27 (version 1 was a buggy mess and quickly re-written). Unfortunately, the v2 underlying engine was only built to be compliant with the "Democratic Republic 1787" set of standards. It was almost immediately patched in the 2.10 release to be compliant with the DR1789 revision, but required a major rework to be compliant with DR1865 and another for DR1920. subsequent point releases have generally been performance tweaks and bugfixes.
  However, now it turns out that bad actors have exploited unpublished vulnerabilities that were open secrets within the dev community, and those bad actors are now largely in control of the production instance. The Steering Committee is supposed to bring on new members in 7 quarters, but it remains to be seen if the userbase will care enough make the right recommendations.
- It's right in the wheelhouse of a king. Being able to determine who is and isn't a member of your kingdom on a whim? King shit.
Here before 6-3 to get fucked
So new law....the president can fire the appeals court! Sounds great!
Appeals court: oh he's right, let's all quit before he fires us. Makes total sense.
We need all the push back we can get. He's doing wildly illegal stuff and trying to get away with it. The courts still have some influence to keep people from carrying out the orders, but this really is a stress test of the separation of powers.
- Cool. At this point if people use force to do that, will liberals kindly step out of the way?
  History dictates that they won’t.
  
  What do you mean? Step out of the way of what by whom?
He can if you let him. I feel like all of these news posts are just to ensure liberals that fascism isn’t taking hold.

54 comments