Summary
A U.S. appeals court has blocked Donald Trump’s executive order attempting to end birthright citizenship for children of non-citizen parents.
The 9th Circuit Court of Appeals rejected the Trump administration’s emergency stay request, upholding a lower court’s nationwide injunction.
The ruling, made by a three-judge panel, argued that citizenship rights under the 14th Amendment are beyond presidential authority to alter.
The Justice Department is appealing similar rulings in other states, and the case may ultimately reach the Supreme Court. Arguments in the 9th Circuit case are set for June.
have the courts actually stopped vice president trump yet?
I’m assuming this will travel to the supreme court
Does it even need to? It’s very clear wording. There is literally no argument you could make that can misinterpret the language. It’s like the singular thing in the constitution that is extremely clear language.
“Illegal” requires enforcement.
He doesn’t have anyone stopping him. There isn’t anyone to actually stop him. He’s dismantling the oversight and just shutting down everything.
The whole issue here is that the American constitution is high level framework written in the legal jargon of three different centuries. It’s only viable if either (1) no one really cares about how the Federal government handles itself (1789-ca1850ish), or (2) there is a a tacit agreement that legal precedent and custom are actually important to get on with the business of governing (1865-2025).
The 14th amendment is extremely clear, with the sole exception of “subject to the jurisdiction thereof.” Unfortunately, that one’s only “very” clear, and requires some very basic understanding of the legislative history and customary usage in a legal context. It basically means literally everyone present in the country with the exception of those with diplomatic immunity, invading armies, and (at that time) members of Native American tribes. There was no real regulation of in-migration when it was signed, but the debates were very clear that even “undesireable” people who could not be trusted to assimilate would be citizens merely by being born here, and no one challenged the point.
If you don’t understand anything about the history, though, or if you want to willfully ignore it because you have an idiotic textualism approach that would make Antonin Scalia cringe, then you open that back up for litigation. Then there’s the issue of Trump declaring everything an emergency and pretending that some dudes who want to cook some french fries or a single mom hoping her kids won’t get shot by a cartel are somehow equivalent to an invading army. It’s facially absurd, but the constitution being what it is, if they challenge it, then the courts have to at least consider it.
With the ascendancy of originalism at the Supreme Court, and with the right wing deciding to push a “unitary executive” theory to its ad-absurdum conclusion, they might get what they want and largely dismantle the checks and balances in the system without an official “coup” at all. This would remove the predictability that allows a system to chug along and slowly but inexorably change with the times (hardly good enough for true justice, but it at least sets some sort of floor for awfulness), and it would also seriously weaken the guardrails to having free and fair elections at all.
We’ll see, I guess. They may just as well not take it up and say that the lower courts have it right. They’re kind of unpredictable like that.
You forget, this would be another opportunity for the judicial branch to bypass Congress and “write” law, and they love that power.
Yes, I know the rules too. No, they consider themselves above the law.
Congress has too many cooks to change the Constitution properly, and likely wouldn’t pass. An executive order and crooked judgement may be testing the waters to for future dictatorship.
has that stopped him?
Well, it hasn’t happened yet.
He’s mostly followed rulings so far, so yes
Edit: and to clarify, I mean this in a “fight every fight” kind of way. Don’t give in and assume all fights are hopeless. That is exactly what Trump et al want from you. Use every tool to fight back
Just straight up false. Who is upvoting this shit?
Lol, Expect for all the ones that he hasn’t.
Are you uninformed? Or intentionally ilinformed?
My point is more so to fight every damn fight
Assuming that it’s all worthless is exactly what Trump wants from everyone
For what it’s worth, there are threats of contempt of court in some of those deliberate misinterpretations of the court
there are threats of contempt of court in some of those deliberate misinterpretations of the court
Wake me up when trump faces literally any consequences at all.
You can hold mid to lower level officials in contempt without as much pomp and circumstance as holding the president in contempt. They can be held in civil contempt (can include fines, asset seizures, and or jail time) which is not a criminal charge and thus not pardonable
If everyone below Trump gets the brunt, they’re going to feel obliged to actually follow the courts rather than what Trump says
… what
Media coverage of any good news is pretty minimal lately, but he has largely (though not entirely with some deleberate misinterpretation of them) been complying with court orders for the moment
Fight every fight with every tool you have
trump has complied with court orders. Really?
Yes, just gets 10x less coverage than all the horrible things
For instance
The Trump administration restores federal webpages after court order
Ok doomer
“That’s what the WOKE JUDGES say, but WE ALL KNOW they’re not Americans!”
Yes, I threw up in my mouth a little bit having to come up with that. But the fact is that they can just ignore the courts and the Constitution, because who’s going to stop them? The Department of Justice?
It’s going to have to be you. And me. And our friends, family, neighbors. We’re on the fourth box, and making use of it will entail conflicts far worse than this country has previously experienced.
Edit: By downvoting me you are advocating for violence.
I think it’s too soon to say we’re on the fourth box already. Let’s wait until SCOTUS and the impeachment in Congress fail.
i don’t advocate for violence but we should surely do more than wait for the coming failure
The SCOTUS that ruled that this sitting president cannot be criminally charged for anything he does while in office, as long as it’s an “official act”? This president who recently echoed Napoleon and Nixon with “He who saves his Country does not violate any Law”? Who sits in the White House that repeated his “LONG LIVE THE KING” statement with a picture of him as a king?
Or did I miss a /s on your comment?
You’re literally advocating for a civil war, and used the “four boxes” analogy. We haven’t finished with the first three boxes yet.
You could have saved a lot of typing by just saying “Nuh uh.”
You have to stop waiting, waiting is how you ended up like that.
You first, friend. Lock and load, am I right?
Or… we could actually exhaust legal avenues before we start shooting.
For the record, I wasn’t advocating a civil war. I was predicting one.
Give me a reason to think this will end any other way.
I imagine going to a foreign country and attempting to start some kind of insurrection would probably cause more problems than it would solve tbh. I’m just concerned that legal action won’t be fast or effective enough to stop things getting much worse. Though blowing things up (literally and otherwise) will probably just speed everything up, good and bad.
It’s difficult to let the judicial system move through its processes so slowly, but I agree with this comment. If the people decide to invalidate the courts by taking matters into their own hands, then they are no better than those who seek to defy the courts. If you believe in democracy then you must also have some faith in the courts, no? That’s not to say the courts won’t fail, but circumventing them prematurely would be, as I see it, a definitive loss for the people.
It’s difficult to let the judicial system move through its processes so slowly
4+ years of waiting for Garland to do fucking something, and you suggest we wait longer?! So, the time for action is right after the noose is around or necks…?
Have you ehm, seen what the courts have done lately?
Rule of law in the USA is over
OK, here we go, round one @ the Supreme Court re: rule by edict.
This is the real canary to see if we still have a country
facts.
sadly though, even if they stop one thing, they will not stop em all. he’s setting a precedent every future
Presidentking of America will use to further the agenda of the ruling class (unless an FDR figure emerges to redirect that power at wealth redistribution).the president may in fact now be a king and both parties (one party really - the ultra rich) has either actively enabled or done almost nothing to dismantle executive authority since at least Reagan.
the monarchists won control of the country, backed by corporatist billionaires. time will tell if it’s reversible or even salvageable. might be wise to begin building the figurative life rafts.
Yeah, but this one is an intentional huge over-reach. So when other, less outright violations of the Constition come up, they’ll seem like no big deal by comparison.
Here before 6-3 to get fucked
So new law…the president can fire the appeals court! Sounds great!
Appeals court: oh he’s right, let’s all quit before he fires us. Makes total sense.
We need all the push back we can get. He’s doing wildly illegal stuff and trying to get away with it. The courts still have some influence to keep people from carrying out the orders, but this really is a stress test of the separation of powers.
Cool. At this point if people use force to do that, will liberals kindly step out of the way?
History dictates that they won’t.
What do you mean? Step out of the way of what by whom?
Step out of the way of leftists that are willing to use force.
Who is using force, and how are they being stifled?
He can if you let him. I feel like all of these news posts are just to ensure liberals that fascism isn’t taking hold.
