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How will “originalist” J. Thomas justify ruling in favor of Trump on birthri

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Laughsome School
  03/13/25
stfu you mentally retarded jewish pedo dork
vibrant unholy shitlib azn
  03/14/25
🚨 this is a WLMAS account 🚨 🚨 this is a WLMAS acco...
lib quotemo = literally WLMAS = dumb nigger
  08/21/26
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Laughsome School
  03/14/25
🚨 this is a WLMAS account 🚨 🚨 this is a WLMAS acco...
lib quotemo = literally WLMAS = dumb nigger
  08/21/26
Easy — the Constitution at the time of signing did not...
Cerebral skinny woman university
  03/14/25
cooper v aaron actually
Mustard institution
  03/14/25
i seem to recall the 14th amendment passing some time after ...
appetizing marketing idea public bath
  03/14/25
Unless there’s evidence I’m aware of that the wr...
Cerebral skinny woman university
  03/14/25
it cannot (see marbury v madison). seeing as congress did...
appetizing marketing idea public bath
  03/14/25
don't overthink this, ur going back
Sexy electric parlor
  03/14/25
...
charismatic athletic conference sound barrier
  03/14/25
...
Impertinent Brass Boltzmann Famous Landscape Painting
  03/14/25
Smells like Marinara sauce in here!
Cerebral skinny woman university
  03/14/25
He'll dissent, possibly alone, for 200 pages.
crawly lodge
  03/14/25
lib intellect on full display here, folks
Mustard institution
  03/14/25
we had a long thread with lots of links to the best argument...
topaz macaca garrison
  03/14/25
LOL, it's not a difficult issue, the Constitution is very cl...
Sexy electric parlor
  03/14/25
It’s insane that we have it because it’s an anom...
charismatic athletic conference sound barrier
  03/14/25
it's nice to see that the right leaning crowd here become wa...
appetizing marketing idea public bath
  03/14/25
Yeah I feel like there’s an argument that people who h...
charismatic athletic conference sound barrier
  03/14/25
https://www.thesocialcontract.com/pdf/seven-one/consent.pdf
topaz macaca garrison
  03/14/25
i agree it's bad policy and should be changd. but i don't th...
appetizing marketing idea public bath
  03/14/25
https://www.xoxohth.com/thread.php?thread_id=5669150&mc=...
topaz macaca garrison
  03/14/25
...
Laughsome School
  04/01/26
🚨 this is a WLMAS account 🚨 🚨 this is a WLMAS acco...
lib quotemo = literally WLMAS = dumb nigger
  08/21/26
easy, he do whatever dat ghost of Marse Antonin tell him to
Stubborn Stimulating Home Legend
  03/14/25
no whatever that fat billionaire with jungle fever who spoil...
Sexy electric parlor
  03/14/25
Massah Crow? Oh hee goooood. Let me at dah white womenz on h...
Stubborn Stimulating Home Legend
  03/14/25
Jfc lol at ‘gunnerratt’ itt
Mustard institution
  03/14/25
...
Lavender bbw
  03/14/25
reminds me of when you and all the conlaw mastermen thought ...
appetizing marketing idea public bath
  03/14/25
...
Laughsome School
  12/08/25
🚨 this is a WLMAS account 🚨 🚨 this is a WLMAS acco...
lib quotemo = literally WLMAS = dumb nigger
  08/21/26
*honks RV horn*
boyish henna hall selfie
  03/14/25
...
Stubborn Stimulating Home Legend
  03/14/25
"subject to jurisdiction thereof" has entered the ...
Comical mewling orchestra pit
  03/14/25
illegals aren't subject to our jurisdiction? how can we enfo...
appetizing marketing idea public bath
  03/14/25
Bc they don't listen
Odious Maniacal Temple
  03/14/25
children of foreign diplomats and foreign soldiers, as well ...
topaz macaca garrison
  03/14/25
yes but there are specific statutes for native americans and...
appetizing marketing idea public bath
  03/14/25
you make a bunch of good points and i don't disagree too dee...
topaz macaca garrison
  03/14/25
no i'm agreeing that i think scotus would agree that congres...
appetizing marketing idea public bath
  03/14/25
"in other words, the contemporaneous understanding was ...
shimmering factory reset button native
  12/09/25
...
Laughsome School
  12/08/25
🚨 this is a WLMAS account 🚨 🚨 this is a WLMAS acco...
lib quotemo = literally WLMAS = dumb nigger
  08/21/26
The most straightforward reasoning would be that birthright ...
Exciting old irish cottage cuckold
  12/08/25
His clerks will say the founders had a “Roman”&r...
Medicated Brethren Hospital
  12/08/25
ACB will cite constitutio antoniniana and joined by Roberts ...
Plum Blathering Kitchen
  12/08/25
...
Laughsome School
  12/09/25
🚨 this is a WLMAS account 🚨 🚨 this is a WLMAS acco...
lib quotemo = literally WLMAS = dumb nigger
  08/21/26
Roberts will write the opinion.
Indigo mother
  12/08/25
Cons?
Indigo mother
  12/09/25
Proof that Thomas is just a partisan whore and not a real ju...
dried-up stinky dick licker
  08/21/26
🚨 this is a WLMAS account 🚨 🚨 this is a WLMAS acco...
lib quotemo = literally WLMAS = dumb nigger
  08/21/26
🚨 this is a WLMAS account 🚨 🚨 this is a WLMAS acco...
lib quotemo = literally WLMAS = dumb nigger
  08/21/26


Poast new message in this thread



Reply Favorite

Date: March 13th, 2025 7:08 PM
Author: Laughsome School



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48745682)



Reply Favorite

Date: March 14th, 2025 11:14 AM
Author: vibrant unholy shitlib azn

stfu you mentally retarded jewish pedo dork

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747099)



Reply Favorite

Date: August 21st, 2026 3:53 PM
Author: lib quotemo = literally WLMAS = dumb nigger

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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#50083523)



Reply Favorite

Date: March 14th, 2025 9:35 AM
Author: Laughsome School



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746863)



Reply Favorite

Date: August 21st, 2026 3:53 PM
Author: lib quotemo = literally WLMAS = dumb nigger

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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#50083525)



Reply Favorite

Date: March 14th, 2025 9:38 AM
Author: Cerebral skinny woman university

Easy — the Constitution at the time of signing did not contemplate that Article III Courts would be the primary (yet alone sole) interpreter of provisions in the Constitution. That came later when Marbury and its progeny were decided. In 1783, there was absolutely no prohibition on the executive branch interpreting what the constitution says. Therefore, nothing prohibits the president from interpreting the provisions of the 14th Amendment’s grant of birthright citizenship.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746873)



Reply Favorite

Date: March 14th, 2025 9:39 AM
Author: Mustard institution

cooper v aaron actually

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746877)



Reply Favorite

Date: March 14th, 2025 9:45 AM
Author: appetizing marketing idea public bath

i seem to recall the 14th amendment passing some time after marbury

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746885)



Reply Favorite

Date: March 14th, 2025 9:55 AM
Author: Cerebral skinny woman university

Unless there’s evidence I’m aware of that the writers of the 14th amendment intended it to grant citizenship to the children of enemy nations illegally living inside our country, then the Executive Branch can interpret that section any way it wants.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746896)



Reply Favorite

Date: March 14th, 2025 10:05 AM
Author: appetizing marketing idea public bath

it cannot (see marbury v madison).

seeing as congress did not amend the constitution after marbury to permit other branches to interpret the constitution, i find it very unlikely that the drafter's of the 14th intended for it to be interpreted by other branches, or the constitution generally. also wong kim ark decided this issue 127 years ago.

if you seriously think the court is going to overturn marbury and allow the executive and judicial branches to interpret the constitution separately you're insane. if anything they would just overturn wong kim ark. they're not going to overturn marbury you lunantic. obviously marbury is the correct interpretation of the judicial branch's role and the constitution drafters intent considering, you know, most of the drafters were alive in 1803 and the author john marshall pushed for virginia to ratify the constitution.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746911)



Reply Favorite

Date: March 14th, 2025 10:07 AM
Author: Sexy electric parlor

don't overthink this, ur going back

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746914)



Reply Favorite

Date: March 14th, 2025 10:12 AM
Author: charismatic athletic conference sound barrier



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746930)



Reply Favorite

Date: March 14th, 2025 10:31 AM
Author: Impertinent Brass Boltzmann Famous Landscape Painting



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746977)



Reply Favorite

Date: March 14th, 2025 10:36 AM
Author: Cerebral skinny woman university

Smells like Marinara sauce in here!

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746985)



Reply Favorite

Date: March 14th, 2025 9:38 AM
Author: crawly lodge

He'll dissent, possibly alone, for 200 pages.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746875)



Reply Favorite

Date: March 14th, 2025 9:39 AM
Author: Mustard institution

lib intellect on full display here, folks

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746878)



Reply Favorite

Date: March 14th, 2025 9:52 AM
Author: topaz macaca garrison

we had a long thread with lots of links to the best arguments on both sides. it's a surprisingly difficult issue. for the argument that Congress can regulate citizenship for children of parents not here legally, read up on some of Peter Schuck's work.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746893)



Reply Favorite

Date: March 14th, 2025 10:07 AM
Author: Sexy electric parlor

LOL, it's not a difficult issue, the Constitution is very clear.

the only issue is that Cons are sociopaths and can do great levels of mental gymnastics to get their way.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746915)



Reply Favorite

Date: March 14th, 2025 10:12 AM
Author: charismatic athletic conference sound barrier

It’s insane that we have it because it’s an anomaly and bad policy

But there aren’t great legal arguments against it unfortunately

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746929)



Reply Favorite

Date: March 14th, 2025 10:21 AM
Author: appetizing marketing idea public bath

it's nice to see that the right leaning crowd here become warren court judicial activists when disregarding the clear language of the constitution suits them.

wong kim ark already has various exceptions to birthright citizenship. i think if congress passed ordinary legislation declaring that illegal immigrants are considered enemies and their children are not entitled to birthright citizenship that SCOTUS was uphold that.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746952)



Reply Favorite

Date: March 14th, 2025 10:34 AM
Author: charismatic athletic conference sound barrier

Yeah I feel like there’s an argument that people who have illegally availed themselves of US jurisdiction shouldn’t get to count

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746981)



Reply Favorite

Date: March 14th, 2025 10:41 AM
Author: topaz macaca garrison

https://www.thesocialcontract.com/pdf/seven-one/consent.pdf

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746999)



Reply Favorite

Date: March 14th, 2025 10:45 AM
Author: appetizing marketing idea public bath

i agree it's bad policy and should be changd. but i don't think scotus should upset 125 year old precedent without any evidence it was wrongly decided in the first place. which is impossible because at the time amendments were frequently ratified and congress could have amended it or passed ordinary legislation if they felt SCOTUS got it wrong.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747006)



Reply Favorite

Date: March 14th, 2025 10:30 AM
Author: topaz macaca garrison

https://www.xoxohth.com/thread.php?thread_id=5669150&mc=101&forum_id=2#48584752

https://www.xoxohth.com/thread.php?thread_id=5669150&mc=101&forum_id=2#48584764

https://www.xoxohth.com/thread.php?thread_id=5669150&mc=101&forum_id=2#48594360

https://www.xoxohth.com/thread.php?thread_id=5669150&mc=101&forum_id=2#48597854

https://www.xoxohth.com/thread.php?thread_id=5669150&mc=101&forum_id=2#48631950



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746975)



Reply Favorite

Date: April 1st, 2026 3:15 PM
Author: Laughsome School



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49786639)



Reply Favorite

Date: August 21st, 2026 3:54 PM
Author: lib quotemo = literally WLMAS = dumb nigger

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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#50083528)



Reply Favorite

Date: March 14th, 2025 10:10 AM
Author: Stubborn Stimulating Home Legend

easy, he do whatever dat ghost of Marse Antonin tell him to

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746923)



Reply Favorite

Date: March 14th, 2025 10:11 AM
Author: Sexy electric parlor

no whatever that fat billionaire with jungle fever who spoils him says.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746926)



Reply Favorite

Date: March 14th, 2025 10:26 AM
Author: Stubborn Stimulating Home Legend

Massah Crow? Oh hee goooood. Let me at dah white womenz on his fine ass jet baby

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746960)



Reply Favorite

Date: March 14th, 2025 10:27 AM
Author: Mustard institution

Jfc lol at ‘gunnerratt’ itt

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746964)



Reply Favorite

Date: March 14th, 2025 10:39 AM
Author: Lavender bbw



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48746991)



Reply Favorite

Date: March 14th, 2025 10:48 AM
Author: appetizing marketing idea public bath

reminds me of when you and all the conlaw mastermen thought SCOTUS would agree Texas can independently enforce its own immigration policy by declaring an insurrection.

i don't like this outcome but it's clearly what the law demands and what the current composition of the court will go with.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747015)



Reply Favorite

Date: December 8th, 2025 7:23 PM
Author: Laughsome School



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49495127)



Reply Favorite

Date: August 21st, 2026 3:54 PM
Author: lib quotemo = literally WLMAS = dumb nigger

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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#50083529)



Reply Favorite

Date: March 14th, 2025 10:47 AM
Author: boyish henna hall selfie

*honks RV horn*

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747012)



Reply Favorite

Date: March 14th, 2025 11:01 AM
Author: Stubborn Stimulating Home Legend



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747066)



Reply Favorite

Date: March 14th, 2025 10:57 AM
Author: Comical mewling orchestra pit

"subject to jurisdiction thereof" has entered the chat...

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747046)



Reply Favorite

Date: March 14th, 2025 11:01 AM
Author: appetizing marketing idea public bath

illegals aren't subject to our jurisdiction? how can we enforce immigration laws against them than?

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747061)



Reply Favorite

Date: March 14th, 2025 11:09 AM
Author: Odious Maniacal Temple

Bc they don't listen

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747091)



Reply Favorite

Date: March 14th, 2025 11:12 AM
Author: topaz macaca garrison

children of foreign diplomats and foreign soldiers, as well as Native Americans, are subject to our jurisdiction when on our soil yet are not "subject to jurisdiction" in the meaning of that phrase.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747095)



Reply Favorite

Date: March 14th, 2025 11:32 AM
Author: appetizing marketing idea public bath

yes but there are specific statutes for native americans and diplomats outlining the carve outs for their jurisdiction that includes this. the enemy combatant one is an obvious exception. and there's nothing in the immigration code that carves this it out. that's why i think it's unlikely that scotus will overturn a longstanding precedent, but might without a constitutional amendment with ordinary legislation.

i do think it's possible and reasonable for the court include illegals under the foreign soldier exception. however i doubt it'll happen with the current composition. it would be penumbraing the 14th as the text and precedent pretty plainly supports birthright.

i wish the gop would just get rid of the filibuster and pass legislation. the real root of the issue, and most others, is that congress isn't functional, leaving us to rely on the executive and judicial branches to exercise powers they don't have.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747152)



Reply Favorite

Date: March 14th, 2025 1:36 PM
Author: topaz macaca garrison

you make a bunch of good points and i don't disagree too deeply, but the statute for Indians was in 1920, right? in other words, the contemporaneous understanding was that under the amendment as written (and without the help of statutes, etc.) Native Americans, kids of diplomats, etc., simply didn't get BRC. so, if that's true, i don't see why Congress can't act as to children of two illegal aliens.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747436)



Reply Favorite

Date: March 14th, 2025 1:42 PM
Author: appetizing marketing idea public bath

no i'm agreeing that i think scotus would agree that congress could act through ordinary legislation here.

the big difference is that during that time illegal immigration and citizenship was less of an issue and also congress was more responsive in changing the law for modern issues. it's hard to think of a real judicial reason for SCOTUS to reverse course here if they are just supposed to be interpreting the law. nothing in the law has changed and if you're a textualist it's hard to ignore the plain language.

anyway, guess we'll see how it shakes out. i would certainly be happy with the policy of ending birthright. i just worry about opening pandora's box with our own version of penumbraing the constitution to get a result we want. otoh maybe i'm being a lost causer. after all, i think a lot of trump's EO shit is unconstitutional but i'm fine with that because at least he's elected and has a mandate from the people to do it. the people *do* want to eliminate BRC and it's a fucking stupid policy.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#48747454)



Reply Favorite

Date: December 9th, 2025 10:29 AM
Author: shimmering factory reset button native

"in other words, the contemporaneous understanding was that under the amendment as written (and without the help of statutes, etc.) Native Americans, kids of diplomats, etc., simply didn't get BRC."

The categories referred to in the 14th amendment are of a completely different character than undocumented immigrants. The distinction is that those people (diplomats, foreign military advisors, Indians) were not subject to federal law and therefore could not enjoy the privilege of BRC. If that's the only limitation for BRC in the amendment, it's a stretch to say congress can legislate further limitations beyond those categories. This is especially true given the context of the drafting of the 14th am (preventing the South from determining blacks were not citizens). Cannot read exclusions into the clause given this context.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49496229)



Reply Favorite

Date: December 8th, 2025 7:17 PM
Author: Laughsome School



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49495109)



Reply Favorite

Date: August 21st, 2026 3:54 PM
Author: lib quotemo = literally WLMAS = dumb nigger

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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#50083531)



Reply Favorite

Date: December 8th, 2025 7:21 PM
Author: Exciting old irish cottage cuckold

The most straightforward reasoning would be that birthright citizenship is extended to black people only, because the Fourteenth Amendment was emphatically intended to protect the right of freedmen, even if the text is facially race neutral. The conservatives might even be able to peel off Jackson with that argument.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49495119)



Reply Favorite

Date: December 8th, 2025 7:21 PM
Author: Medicated Brethren Hospital

His clerks will say the founders had a “Roman”’concept of citizenship and then look to some fringe scholarship on that subject that contradicts basic understanding even of that.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49495121)



Reply Favorite

Date: December 8th, 2025 7:25 PM
Author: Plum Blathering Kitchen

ACB will cite constitutio antoniniana and joined by Roberts and the libs

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49495134)



Reply Favorite

Date: December 9th, 2025 10:14 AM
Author: Laughsome School



(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49496203)



Reply Favorite

Date: August 21st, 2026 3:54 PM
Author: lib quotemo = literally WLMAS = dumb nigger

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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#50083532)



Reply Favorite

Date: December 8th, 2025 7:24 PM
Author: Indigo mother

Roberts will write the opinion.

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49495129)



Reply Favorite

Date: December 9th, 2025 10:30 AM
Author: Indigo mother

Cons?

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#49496231)



Reply Favorite

Date: August 21st, 2026 3:47 PM
Author: dried-up stinky dick licker

Proof that Thomas is just a partisan whore and not a real jurist

(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#50083501)



Reply Favorite

Date: August 21st, 2026 3:54 PM
Author: lib quotemo = literally WLMAS = dumb nigger

🚨 this is a WLMAS account 🚨

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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#50083534)



Reply Favorite

Date: August 21st, 2026 3:54 PM
Author: lib quotemo = literally WLMAS = dumb nigger

🚨 this is a WLMAS account 🚨

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(http://www.autoadmit.com/thread.php?thread_id=5693825&forum_id=2...id.#50083535)