So can congress restrict birthright citizenship or not?
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Date: June 30th, 2026 12:38 PM Author: Honey-headed overrated sanctuary
Because this stopped being a law board a decade ago.
The opinion was just released like an hour or so ago. I've only had time to skim it so you should take my take with a grain of salt as well (I misquoted a portion of it in another thread).
But anyone who says it's now "impossible" is retarded. It's a 6-3 opinion with Kav writing separately to explicitly saying it could be changed with legislation. I doubt that both Roberts and Barrett would overturn an act of Congress and old that birthright is a constitutional right. And even if they did, it's still one vote away from knowing to a certainty that Congress can legislate here.
Kav (explicitly), Roberts, and Barrett are not going to change the law that has stood for over a century unilaterally. Based on Barretts and Roberts jurisprudence I think they would both uphold a statute, and I'm near certain Barrett would.
(http://www.autoadmit.com/thread.php?thread_id=5878573&forum_id=2\u0026mark_id=5310751#49971291) |
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Date: June 30th, 2026 2:16 PM Author: Honey-headed overrated sanctuary
I think Barrett and Roberts didn't join with Kav because it veers to close to an advisory opinion. The question before the Court is whether POTUS can do it with an executive order. If they felt it was a constitutional right that required an amendment to change I think they would have been more explicit about that, and writing it the way it is seems to leave the door open for a congressional remedy.
I can't point to anything specific but having read hundreds of their opinions and many interviews, my gut sense is that Barrett would uphold a statute. Roberts I think will go with whatever the five of them do if they agree because he always wants to be in the majority to PRESERVE THE INTEGRITY OF THE COURT, i.e. he doesn't want a lot of 5-4 opinions on major issues. But I can't imagine Barrett ever being to the left of him on this.
So, if the statutory case comes up we know already it'll at least be 4 in favor with Kav. If Barrett joins I think Roberts joins to PRESERVE INTEGRITY. And if Barrett doesn't, I think he doesn't for the same reason.
This is all masturbatory because Congress will never pass such a law, and if Congress changes so much that it might the Court will look completely different from the way it does now. Conlaw is all made up, the 14th amendment was ratified before the concept of illegal immigration existed, and all the scholarship surrounding what it means in this context is unserious. If this issue comes before the Court all that will matter is that Court's composition.
(http://www.autoadmit.com/thread.php?thread_id=5878573&forum_id=2\u0026mark_id=5310751#49971437) |
Date: June 30th, 2026 1:10 PM Author: Big Messiness Dingle Berry
Brother, the question is whether they need a constitutional amendment to change the law and that's going to be hot.
The fact that no one can answer this doesn't speak to our intelligence.
Even d couldn't answer this.
(http://www.autoadmit.com/thread.php?thread_id=5878573&forum_id=2\u0026mark_id=5310751#49971356) |
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