I disagree with minimizing the effect of the decision. It may toss claims into the Rule 23 bucket, but that bucket is full of molasses. It results in enabling the government to act unconstitutionally or illegally in every case except the one person who sues for and receives judicial relief. It fails to say that the States can sue for broader relief. It relies on the Supreme Court alone to act expeditiously to resolve the underlying substantive issues - which the Court certainly did not do in this case and history does not encourage us to think it will act rapidly to correct executive excesses. It is revealing that the majority opinion says it couldn't care less about policy issues, such as how the courts will restrain the executive.
I’m curious what in the 14th amendment you feel makes the Trump EO a clear cut violation of the constitution? The wording or the clear original intent plus precedent…?
How likely do you think it is that 4 of the 6 conservative justices both think the EO is unconstitutional AND believe universal injunctions are an overreach? (At this point I consider Alito and Thomas a lost cause.) Thst would mean the court will strike down this thing the second they get the chance.
I disagree with minimizing the effect of the decision. It may toss claims into the Rule 23 bucket, but that bucket is full of molasses. It results in enabling the government to act unconstitutionally or illegally in every case except the one person who sues for and receives judicial relief. It fails to say that the States can sue for broader relief. It relies on the Supreme Court alone to act expeditiously to resolve the underlying substantive issues - which the Court certainly did not do in this case and history does not encourage us to think it will act rapidly to correct executive excesses. It is revealing that the majority opinion says it couldn't care less about policy issues, such as how the courts will restrain the executive.
I’m curious what in the 14th amendment you feel makes the Trump EO a clear cut violation of the constitution? The wording or the clear original intent plus precedent…?
How likely do you think it is that 4 of the 6 conservative justices both think the EO is unconstitutional AND believe universal injunctions are an overreach? (At this point I consider Alito and Thomas a lost cause.) Thst would mean the court will strike down this thing the second they get the chance.
Trying to be an optimist!
The wording of the 14th Amendment, its history, and several Supreme Court cases. I think this article provides a good explanation: https://hls.harvard.edu/today/can-birthright-citizenship-be-changed/
I think birthright citizenship in one issue that even this Court will find that Trump went too far.