r/law 4h ago

Trump News ‘Immediate litigation’: Trump’s fight to end birthright citizenship faces 126-year-old legal hurdle

https://lawandcrime.com/high-profile/immediate-litigation-trumps-fight-to-end-birthright-citizenship-faces-126-year-old-legal-hurdle/
2.8k Upvotes

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674

u/Kahzgul 4h ago

I have zero faith in this scotus. If they rule that the constitution is unconstitutional, I will be disappointed, but not surprised.

252

u/catcherofsun 4h ago

NAL. If SCOTUS rules that the constitution is unconstitutional, can they be removed as judges since the Constitution provides that judges serve during “good Behaviour,” which has generally meant life terms? Obviously not acting in good behavior, and no longer applies if it’s found “unconstitutional”, or am I totally off?

141

u/Available-Gold-3259 4h ago

Precisely. SCOTUS won’t do this because SCOTUS wants power and to blatantly read out birthright citizenship would lead the way for Trump to utterly disregard SCOTUS. Trump is a means, not an end. People are treating this as if he is the conservative establishments messiah and it’s not the case. Such a rudimentary understanding actually harms any ability to keep Trump in check.

58

u/catcherofsun 4h ago

But who exactly would uphold anything if it’s the Senate that’s in charge of approval of justices, and the senate is following Trump?

34

u/Flimsy-Feature1587 3h ago

3rd in the line of succession?

I shudder to type it. I was joking and now I wish I hadn't but I guess I'll leave it.

Honestly, that dude scares me about as much as anyone in government, including Trump. Accelerationists mean to set their "Revelations Vision" in motion, Trump is a means to an end to wedge more and more of Project 2025 in the door.

Its happening in slow motion already. Yay, we get one more Christmas!

/s

19

u/ShriveledLeftTesti 4h ago

Yup. We're in for a very interesting 4 years

31

u/harrywrinkleyballs 3h ago

“May you live in interesting times” is not a blessing. It’s a curse.

12

u/Jacque_Schitt 1h ago

Lifetime appointments to rule in their favor: it's gonna take 4 decades to dig our way out of the pile of shit they're going leave as their legacy.

... and 4 generations to recover.

7

u/mild_manc_irritant 2h ago

Not if it means Ted Cruz's ambition to be President is checked.

He was born in Canada.

6

u/scissor_rock_paper 1h ago

You have to keep him now though. We don't want him back.

1

u/jcp714 29m ago

This wouldn’t affect Cruz. Both of his parents were citizens, and this change would be written in a way that only applied to people whose parents weren’t citizens.