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

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useless stage
  03/13/25
stfu you mentally retarded jewish pedo dork
Pearly doobsian famous landscape painting
  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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useless stage
  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...
Galvanic khaki party of the first part
  03/14/25
cooper v aaron actually
Burgundy Resort
  03/14/25
i seem to recall the 14th amendment passing some time after ...
lascivious lay
  03/14/25
Unless there’s evidence I’m aware of that the wr...
Galvanic khaki party of the first part
  03/14/25
it cannot (see marbury v madison). seeing as congress did...
lascivious lay
  03/14/25
don't overthink this, ur going back
irradiated psychic property
  03/14/25
...
Fragrant Chrome Police Squad House
  03/14/25
...
Mint space
  03/14/25
Smells like Marinara sauce in here!
Galvanic khaki party of the first part
  03/14/25
He'll dissent, possibly alone, for 200 pages.
Medicated Forum
  03/14/25
lib intellect on full display here, folks
Burgundy Resort
  03/14/25
we had a long thread with lots of links to the best argument...
adventurous orchid affirmative action
  03/14/25
LOL, it's not a difficult issue, the Constitution is very cl...
irradiated psychic property
  03/14/25
It’s insane that we have it because it’s an anom...
Fragrant Chrome Police Squad House
  03/14/25
it's nice to see that the right leaning crowd here become wa...
lascivious lay
  03/14/25
Yeah I feel like there’s an argument that people who h...
Fragrant Chrome Police Squad House
  03/14/25
https://www.thesocialcontract.com/pdf/seven-one/consent.pdf
adventurous orchid affirmative action
  03/14/25
i agree it's bad policy and should be changd. but i don't th...
lascivious lay
  03/14/25
https://www.xoxohth.com/thread.php?thread_id=5669150&mc=...
adventurous orchid affirmative action
  03/14/25
...
useless stage
  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
pea-brained startled fanboi principal's office
  03/14/25
no whatever that fat billionaire with jungle fever who spoil...
irradiated psychic property
  03/14/25
Massah Crow? Oh hee goooood. Let me at dah white womenz on h...
pea-brained startled fanboi principal's office
  03/14/25
Jfc lol at ‘gunnerratt’ itt
Burgundy Resort
  03/14/25
...
out-of-control temple
  03/14/25
reminds me of when you and all the conlaw mastermen thought ...
lascivious lay
  03/14/25
...
useless stage
  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*
Insanely Creepy Twinkling Selfie
  03/14/25
...
pea-brained startled fanboi principal's office
  03/14/25
"subject to jurisdiction thereof" has entered the ...
Racy awkward mad-dog skullcap public bath
  03/14/25
illegals aren't subject to our jurisdiction? how can we enfo...
lascivious lay
  03/14/25
Bc they don't listen
painfully honest charismatic tattoo
  03/14/25
children of foreign diplomats and foreign soldiers, as well ...
adventurous orchid affirmative action
  03/14/25
yes but there are specific statutes for native americans and...
lascivious lay
  03/14/25
you make a bunch of good points and i don't disagree too dee...
adventurous orchid affirmative action
  03/14/25
no i'm agreeing that i think scotus would agree that congres...
lascivious lay
  03/14/25
"in other words, the contemporaneous understanding was ...
vigorous sickened nibblets
  12/09/25
...
useless stage
  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 ...
thirsty mind-boggling corner immigrant
  12/08/25
His clerks will say the founders had a “Roman”&r...
violent disrespectful round eye
  12/08/25
ACB will cite constitutio antoniniana and joined by Roberts ...
beta wrinkle
  12/08/25
...
useless stage
  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.
Ultramarine Masturbator
  12/08/25
Cons?
Ultramarine Masturbator
  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: useless stage



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



Reply Favorite

Date: March 14th, 2025 11:14 AM
Author: Pearly doobsian famous landscape painting

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: useless stage



(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

🚨 this is a WLMAS account 🚨

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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: Galvanic khaki party of the first part

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: Burgundy Resort

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: lascivious lay

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: Galvanic khaki party of the first part

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: lascivious lay

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: irradiated psychic property

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: Fragrant Chrome Police Squad House



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



Reply Favorite

Date: March 14th, 2025 10:31 AM
Author: Mint space



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



Reply Favorite

Date: March 14th, 2025 10:36 AM
Author: Galvanic khaki party of the first part

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: Medicated Forum

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: Burgundy Resort

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: adventurous orchid affirmative action

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: irradiated psychic property

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: Fragrant Chrome Police Squad House

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: lascivious lay

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: Fragrant Chrome Police Squad House

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: adventurous orchid affirmative action

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: lascivious lay

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: adventurous orchid affirmative action

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: useless stage



(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: pea-brained startled fanboi principal's office

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: irradiated psychic property

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: pea-brained startled fanboi principal's office

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: Burgundy Resort

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: out-of-control temple



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



Reply Favorite

Date: March 14th, 2025 10:48 AM
Author: lascivious lay

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: useless stage



(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: Insanely Creepy Twinkling 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: pea-brained startled fanboi principal's office



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



Reply Favorite

Date: March 14th, 2025 10:57 AM
Author: Racy awkward mad-dog skullcap public bath

"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: lascivious lay

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: painfully honest charismatic tattoo

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: adventurous orchid affirmative action

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: lascivious lay

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: adventurous orchid affirmative action

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: lascivious lay

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: vigorous sickened nibblets

"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: useless stage



(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: thirsty mind-boggling corner immigrant

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: violent disrespectful round eye

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: beta wrinkle

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: useless stage



(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: Ultramarine Masturbator

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: Ultramarine Masturbator

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)