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He has lost a lot in courts. The problem is that even 1% of his obviously unconstitutional bullshit winning in courts is disastrous.
A glass of water with 1% shit in it is almost entirely water. But it’s still shit water.
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This is a stupid ruling, but it’s a stupid PROCEDURAL ruling. Stop being a defeatist and start getting involved.
How does this stop him from using executive orders to do illegal things in the short term?
Executive orders are not laws. As you’ve seen, his bullshit orders keep getting shot down in court. You can’t just DECLARE new laws and procedures, that’s not how it works.
This ruling doesn’t change the existing laws at all, but they’re trying to change the procedures to the laws. This ruling doesn’t do that, but it makes it harder for courts to reject arguments that align with that bullshit, that’s it.
Even if the courts eventually shoot down his bullshit orders eventually, they’re not allowed to stop him from enforcing them until the case is over, except against the specific plaintiffs in their court.
So assuming that his birthright citizenship order is defeated, as soon as the SCOTUS 30-day pause is up, he can start stripping people of citizenship and deporting them right away. If that order is overturned? Then he’ll have to deal with whatever the court says he needs to do, but he’ll still have destroyed a bunch of people’s lives in the process
They don’t need to stop them, because they are unconstituit. You can’t make up some bullshit that is UNCONSTITUTIONAL and win in court. Any half-assed lawyer can just file the paperwork to get this shit shut down, but that’s really the cruz here in that they are expecting people to not have the access to legal services to make it happen in the event they are challenged.
There will be more specific cases about this specific thing immediately being heard by the lower courts, they’ll rule against Trump, and this will end up in the Supreme Court again in the next session, no doubt on that.
This is a stalling tactic by Trump’s psychos to try and make it look they are able to bend the Constitution to their service, which will not happen because…it’s unconstitutional.
But now that he has put an order out ending Birthright Citizenship and the SCOTUS ruled that nationwide injunctions aren’t applicable, can’t there now be a patchwork of enforcement where red regions will not honor birthright citizenship while blue regions do?
It seems like in the short term, there is going to be a lot of carnage and damage because this unconstitutional executive order will be followed by his loyalists.
He can put out an order requiring the sky to be green. It’s just words, that’s the point. The only thing he can affect with an EO are things where his sycophants can enable it to the extent they are involved in the executive branch. NOT the Judicial Branch. The judges who order and enforce the laws can’t just ignore the constitution. Birthright Citizenship is in the constitution.
What the SCOTUS ruling here adds is some dumbshit to make the process more stupid than it needs to be for people without legal status it seems, but it is not a change to the law, or enforcement. That needs to be understood.
All it’s going to take is a specifically angled case to ask the question “Is birthright Citizenship in the constitution? Oh, it is? Well then it’s constitutional”
Another court case that isn’t about the procedural nature of obtaining said documentation or status will shut this shit down in a heartbeat, but as others have noted, the legal process of getting it there takes longer than most would like.
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My point is exactly what you’re saying though. Being defeatist isn’t productive. Doomscrolling and resigning to the idea that “we’re all fucked, might as well give up” isn’t helpful.
If the tremendous outpouring of rejection for this administration’s bullshit isn’t quite cutting it in the inspiration department for you, then just sit by and do nothing. Your input in the manner you are giving isn’t helpful, and it’s not doing anything to inspire more people to fight against it.
Easily changed though. I would prefer people go the other direction with it and get more involved. That’s all I’m saying.
Its time to BURN THE WHOOOOOOLE FUCKIN THING TO THE GROUND. That is all.
It’s bad but it’s not over yet. They’re using this as a way to give him what he wants with regard to his propagandized concerns about “activist judges” while leaving the door open to siding with the Constitution on birthright citizenship. At least that’s how it seems unless someone can set me straight.
I don’t think the birthright citizenship issue would clear a hurdle neatly in this court, but it does seem like they’re arguing in two directions. On the one immediate hand, the majority opinion is how individual cases are being used to blanket stop stuff nationwide (which Biden also disliked); on the other, arguing that stripping birthright citizenship is unconstitutional. The former pertains to the case most directly, while the latter is about what the cases are ultimately concerned with and something down the road, but is not what the Supreme Court case they ruled on was actually about. Will it likely lead to problems with citizenship cases? Oh hell yes. But I’ll agree with you that it’s a form of kicking the can down the road, which they do enjoy.
I think we are going to start hearing about cases where babies are being determined to be foreign nationals and they will use those babies as grounds to force the parents out of the country.
The Supreme Court and the rule of law:
