Nazi-adjacent WH Deputy Chief of Staff, Stephen Miller, suffered a big loss in the Supreme Court today when his dream of having all brown babies born to immigrants denied American citizenship was stopped by the Supreme Court, but barely.
In a 6-3 opinion, the Supreme Court upheld the 14th Amendment, which codified birthright citizenship. It plainly says that anyone born IN the United States is an American citizen, regardless of the status of their mother.
Donald Trump and Stephen Miller wanted to change the Constitution, arguing that if the mother is in the country illegally or temporarily, the infant could not have American citizenship.
Chief Justice Roberts, writing the opinion, said:
“Citizenship, then and now, was the right to have rights—to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to ‘every free-born person in this land. We keep that promise today.”
Three conservative justices would have allowed the restrictions to take effect...as expected, Thomas, Alito and Gorsuch.
In a 91-page, rambling dissent, Clarence Thomas wrote:
“The Court today takes the extraordinary step of holding facially unconstitutional the President’s Order excluding from citizenship the children of foreign temporary visitors and illegal aliens. In doing so, the Court adds to the sad history of the Fourteenth Amendment, which was designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support.”
Read the opinion here.
Amazing that we were only a few justices away from burning the Constitution. This SHOULD have been a 9-0 opinion, but here we are. In crazyland.
Ed. Note: It was really more like a 5 1/2 - 3 1/2 opinion, since Kavanaugh said a statute on the books barred the executive order, not the U.S. Constitution.
