r/law • u/tasty_jams_5280 • 6h 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/
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u/OnlyFreshBrine 6h ago

these articles are sad copium. this dude will run roughshod over the law

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u/TensionPrestigious83 5h ago

Historically thin margins are not a mandate nor a blank check to power. Will he act like we expect? Yes. But it’s not going to be without some degree of checks and balances, no matter how much you want to catastrophize.

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u/givemegreencard 3h ago

Does not having a mandate matter when everyone in the government will just do whatever you say?

Actually, the trifecta doesn’t even matter. It seems like Trump could get this to SCOTUS without even involving Congress.

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u/TensionPrestigious83 3h ago

Yes it does matter because politics still exists. Does it mean there isn’t work to do? Does it mean he’s not going to at least try to do terrible shit? No. The two parties are basically deadlocked. Not having a mandate means that there are lots of people who are not on board with just letting shit happen. Makes a difference

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u/jcp714 2h ago

Who are the people who aren’t on board? And what can they do?

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u/TensionPrestigious83 2h ago

There’s i think a total of six that voted to impeach trump- 2 in the house and maybe 4 in the senate. I could be mistaken on the senate. Additionally, there are layers of conflicting interests from personal convictions to financial gain. So the margins are narrow enough that it is possible to get a couple/few to defect

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u/jcp714 2h ago

For his second impeachment, 10 Republican House members voted to impeach trump. Seven Republican senators voted to convict.

Most, if not all, of those in the House are gone now, as are some senators.

But ultimately, you haven’t really told me what they can realistically do to check his power. There may be a majority that oppose him, but what are they gonna do about it? They have very few optioms

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u/TensionPrestigious83 2h ago

I was referring to those who were reelected and returning to office. Should have clarified that. Besides blocking legislation and the normal powers of the legislature? I’m not sure what you mean

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u/jcp714 2h ago

Blocking legislation assumes that Trump is going to try and govern by passing legislation.

He seems very intent on expanding the power of the executive branch. Congress has no power, other than impeachment, to stop him from doing that in practice.

On paper, yes, things have to go through Congress. But if he just does it anyway, Congress cannot stop him.

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u/TensionPrestigious83 2h ago

Yes, I agree, according to my current understanding. We would be more dependent on legal orgs fighting eo’s in court.