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  • Originally posted by Maximus View Post
    somehow they didnt answer the question if the 14th amendment says what is says. to avoid questioning trump?

    chances they ever get to seeing if it is legal?
    The majority opinion addresses that in footnote 18:

    The dissent worries that the Citizenship Clause challenge will never reach this Court, because if the plaintiffs continue to prevail, they will have no reason to petition for certiorari. And if the Government keeps losing, it will “ha[ve] no incentive to file a petition here . . . because the outcome of such an appeal would be preordained.” Post, at 42 (opinion of SOTOMAYOR, J.). But at oral argument, the Solicitor General acknowledged that challenges to the Executive Order are pending in multiple circuits, Tr. of Oral Arg. 50, and when asked directly “When you lose one of those, do you intend to seek cert?”, the Solicitor General responded, “yes, absolutely.” Ibid. And while the dissent speculates that the Government would disregard an unfavorable opinion from this Court, the Solicitor General represented that the Government will respect both the judgments and the opinions of this Court. See id., at 62–63.
    Take that for what it's worth, which is probably not much.
    τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

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    • Originally posted by All-American View Post

      You could look at it another way, using your same analogy: the referees lack authority to award points to teams that aren't playing in the game they are officiating.
      When one player scores against the Governmenteers, everyone scores. They have all the money and a Brady-like deference from the refs.

      Comment


      • I get they are trying to be wonky here by saying the government only asked them to rule on national injunctions, but now Trump is taking this as total victory for the idea that these millions of people are not citizens even if the Court didn't rule on that. This was an insanely irresponsible decision. There is no reason SCOTUS couldn't have said ok, we'll knock down the idea of individual courts issuing national injunctions but your EO about citizenship is complete garbage so we're killing that idea right here.

        Now instead there will be all sorts of havoc released by this. The courts will now have to deal with potentially thousands of individual cases and it opens up the real possibility of removing citizens asap before it eventually gets struck down for good.

        Completely mind boggling.

        Comment


        • Originally posted by All-American View Post

          You could look at it another way, using your same analogy: the referees lack authority to award points to teams that aren't playing in the game they are officiating.
          This seems a little more apt.
          Ain't it like most people, I'm no different. We love to talk on things we don't know about.

          Dig your own grave, and save!

          "The only one of us who is so significant that Jeff owes us something simply because he decided to grace us with his presence is falafel." -- All-American

          "I know that you are one of the cool and 'edgy' BYU fans" -- Wally

          GIVE 'EM HELL, BRIGHAM!

          Comment


          • Originally posted by BlueK View Post
            I get they are trying to be wonky here by saying the government only asked them to rule on national injunctions, but now Trump is taking this as total victory for the idea that these millions of people are not citizens even if the Court didn't rule on that. This was an insanely irresponsible decision. There is no reason SCOTUS couldn't have said ok, we'll knock down the idea of individual courts issuing national injunctions but your EO about citizenship is complete garbage so we're killing that idea right here.

            Now instead there will be all sorts of havoc released by this. The courts will now have to deal with potentially thousands of individual cases and it opens up the real possibility of removing citizens asap before it eventually gets struck down for good.

            Completely mind boggling.
            I think you'd have to be pretty dumb to take this order as a ruling against birthright citizenship.

            Unfortunately, Trump is pretty dumb.
            τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

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            • Originally posted by All-American View Post

              I think you'd have to be pretty dumb to take this order as a ruling against birthright citizenship.

              Unfortunately, Trump is pretty dumb.
              it leaves the question open for no reason, unless you think there is a chance they would rule against it

              What happens to someone trump declares to not be a citizen anymore and is deported before the SC hears it again

              Comment


              • Originally posted by All-American View Post

                I think you'd have to be pretty dumb to take this order as a ruling against birthright citizenship.

                Unfortunately, Trump is pretty dumb.
                So is all of maga and the ICE storm troopers following orders.

                Sometime next week we can come back to discuss the cases of citizens who are being detained and shipped out.

                Comment


                • Sheesh. Quite a cat fight today at the highest court.
                  "There is no creature more arrogant than a self-righteous libertarian on the web, am I right? Those folks are just intolerable."
                  "It's no secret that the great American pastime is no longer baseball. Now it's sanctimony." -- Guy Periwinkle, The Nix.
                  "Juilliardk N I ibuprofen Hyu I U unhurt u" - creekster

                  Comment


                  • Originally posted by Maximus View Post

                    it leaves the question open for no reason, unless you think there is a chance they would rule against it

                    What happens to someone trump declares to not be a citizen anymore and is deported before the SC hears it again
                    The reason is that the court does not decide issues is does not need to decide. That's like, a guiding principle, or something.
                    Ain't it like most people, I'm no different. We love to talk on things we don't know about.

                    Dig your own grave, and save!

                    "The only one of us who is so significant that Jeff owes us something simply because he decided to grace us with his presence is falafel." -- All-American

                    "I know that you are one of the cool and 'edgy' BYU fans" -- Wally

                    GIVE 'EM HELL, BRIGHAM!

                    Comment


                    • Good grief. KBJ used the phrase "full stop" in her dissent. I can't respect anyone who does that.

                      "There is no creature more arrogant than a self-righteous libertarian on the web, am I right? Those folks are just intolerable."
                      "It's no secret that the great American pastime is no longer baseball. Now it's sanctimony." -- Guy Periwinkle, The Nix.
                      "Juilliardk N I ibuprofen Hyu I U unhurt u" - creekster

                      Comment


                      • Originally posted by falafel View Post

                        The reason is that the court does not decide issues is does not need to decide. That's like, a guiding principle, or something.
                        It needed to call out the adminstration for its trick here and decide, because this is about to create a disaster. Does anyone with a brain not believe they will immediately start working on "rescinding" the citizenship of those affected here and start trying to send them out?

                        Comment


                        • Originally posted by Jeff Lebowski View Post
                          Good grief. KBJ used the phrase "full stop" in her dissent. I can't respect anyone who does that.

                          I thought Justice Barrett's opinion got the better of the dissenters.

                          This is a harder case than a lot of people want to admit. I think the Court arrived at the right answer, but in more ways than one, that answer, even if right, is really unsatisfying.
                          τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

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                          • Originally posted by BlueK View Post

                            It needed to call out the adminstration for its trick here and decide, because this is about to create a disaster. Does anyone with a brain not believe they will immediately start working on "rescinding" the citizenship of those affected here and start trying to send them out?
                            I don't get the increasingly unjustified reverence for the Court. When it counts they seem to make decisions that enable Trump. The fact that there isn'r more outrage over this from the Right is depressing.

                            Comment


                            • It seems counterintuitive to have the judiciary limit the powers of the judiciary. I'm sure there are other examples some of the learned lawyers could point out, but I'm not a fan. In an alternate universe, I'm sure I'd be happy with it.

                              Comment


                              • Originally posted by BlueK View Post

                                It needed to call out the adminstration for its trick here and decide, because this is about to create a disaster. Does anyone with a brain not believe they will immediately start working on "rescinding" the citizenship of those affected here and start trying to send them out?
                                You serious ?

                                They revoked legal status of 500k recently

                                They tried to deport one or two or more green card holders

                                I give it a week

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