State challenging birthright citizenship order confident it can still win in court

[whitehall]

Wouldn't you think state politicians would want to stop birthright citizenship that clogs up government programs and is costly to states? Maybe it's the only way democrats think they can get back power.

 

[JimH52]

Wouldn't you think state politicians would want to stop birthright citizenship that clogs up government programs and is costly to states? Maybe it's the only way democrats think they can get back power.

They would need to pass a Constitutional amendment. That ain't gonna happen.

 

[kyzr]

They would need to pass a Constitutional amendment. That ain't gonna happen.

Not really.
Steve Miller made the case that since births of diplomats are not US citizens since they are not under the jurisdiction of the US government that illegals are similarly not legally under the jurisdiction either, so their kids should not be citizens as well.

 

[Mac-7]

https://www.cnn.com/politics/live-news/supreme-court-decisions-06-27-25

One of the states challenging President Donald Trump’s bid to end birthright citizenship lamented the Supreme Court’s decision Friday that makes it harder to block government policies nationwide but nonetheless appeared confident that it could still prevail in stymying Trump’s effort.

New Jersey Democratic Attorney General Matthew Platkin, who was among several state attorneys general challenging Trump’s executive order, said in a statement that “we are glad the Court recognized that nationwide orders can be appropriate to protect the plaintiffs themselves from harm—which is true, and has always been true, in our case.”

“We are confident that his flagrantly unconstitutional order will remain enjoined by the courts. And in the meantime, our fight continues: we will keep challenging President Trump’s flagrantly unlawful order, which strips American babies of citizenship for the first time since the Civil War, and we look forward to a decision in the coming months that holds this disgraceful order unlawful for good,” he said.

While the Supreme Court’s conservative supermajority limited the power of plaintiffs to seek nationwide orders that temporarily halt the government from enforcing a policy, it left unresolved what will happen with Trump’s birthright citizenship order, sending a set of cases over it back to lower courts for further review. Those lower courts could halt the policy on a broad basis again through other legal mechanisms, like class action lawsuits.

While the magats crow and cheer, the question of birthright citizenship is still unresolved. What the order did is create chaos in lower courts. There is still no answer on trump's effort to limit birthright citizenship. Instead, the order appears to give the executive more latitude to implement it's agenda and less ability of lower courts to issue nationwide injunctions. The Repub Congress is an arm of maga and now the courts have been nearly neuters. The US is perilously close to becoming Hungary 2.0.

I dont think the birthright citizenship for illegal aliens loophole is a slam dunk for either side

Roberts and the 3 libs are sure to retain it

So all it takes is 1 conservative with clay feet to shoot trump down

 

[AZrailwhale]

You forgot, when the wrote the 14th amendment, they intended it to include those illegally in the country.

Wrong. It was written to exclude people who were not citizens or slaves. For instance Native Americans were specifically excluded from the Fourteenth despite living within the national borders.

 

[AZrailwhale]

So, when are Malaria and Barron leaving?

Regardless of his mother’s immigration, Barron has one native-born parent so he qualifies for derivative citizenship.

 

[AZrailwhale]

Wrong, slaves were property.

 

[JohnDB]

Ok....

If a cow breaks through MY fence designed to keep my neighbors cattle off my land....

And that cow has a calf while on my property....is that calf now mine? I can keep it or sell it however I deem fit?

 

[AZrailwhale]

Once more with gusto.
Even if they flee their district.

No. You don’t understand the law at all. A fugitive has to be first apprehended, then the fleeing criminals original jurisdiction has to apply to a local court for extradition which can be denied.

 

[John Edgar Slow Horses]

Then they aren't citizens at all. That is the point. There is no recourse for the Court just opened the door to.

A state cannot confer citizenship.

 

[Rogue AI]

A state cannot confer citizenship.

Never said they could. Don't know what you are talking about.

 

[John Edgar Slow Horses]

Never said they could. Don't know what you are talking about.

We understand that you know very little.

 

[Kilroy2]

https://www.cnn.com/politics/live-news/supreme-court-decisions-06-27-25

One of the states challenging President Donald Trump’s bid to end birthright citizenship lamented the Supreme Court’s decision Friday that makes it harder to block government policies nationwide but nonetheless appeared confident that it could still prevail in stymying Trump’s effort.

New Jersey Democratic Attorney General Matthew Platkin, who was among several state attorneys general challenging Trump’s executive order, said in a statement that “we are glad the Court recognized that nationwide orders can be appropriate to protect the plaintiffs themselves from harm—which is true, and has always been true, in our case.”

“We are confident that his flagrantly unconstitutional order will remain enjoined by the courts. And in the meantime, our fight continues: we will keep challenging President Trump’s flagrantly unlawful order, which strips American babies of citizenship for the first time since the Civil War, and we look forward to a decision in the coming months that holds this disgraceful order unlawful for good,” he said.

While the Supreme Court’s conservative supermajority limited the power of plaintiffs to seek nationwide orders that temporarily halt the government from enforcing a policy, it left unresolved what will happen with Trump’s birthright citizenship order, sending a set of cases over it back to lower courts for further review. Those lower courts could halt the policy on a broad basis again through other legal mechanisms, like class action lawsuits.

While the magats crow and cheer, the question of birthright citizenship is still unresolved. What the order did is create chaos in lower courts. There is still no answer on trump's effort to limit birthright citizenship. Instead, the order appears to give the executive more latitude to implement it's agenda and less ability of lower courts to issue nationwide injunctions. The Repub Congress is an arm of maga and now the courts have been nearly neuters. The US is perilously close to becoming Hungary 2.0.

Birthright based on being born in the US is still in the constitution. So Trumps is not going to be able to change it and the SC with its conservative majority cannot change it as it clear as day. All they can do is play chess.

What the constitution says is clear as day. So Trump would be better off trying to change the constitution. Someone needs to suggest that to him.

 

[AZrailwhale]

Birthright based on being born in the US is still in the constitution. So Trumps is not going to be able to change it and the SC with its conservative majority cannot change it as it clear as day. All they can do is play chess.

What the constitution says is clear as day. So Trump would be better off trying to change the constitution. Someone needs to suggest that to him.

All it takes is a recognition that the language “subject to the jurisdiction thereof” in the Fourteenth Amendment by SCOTUS means citizens of other countries are subject to their jurisdiction rather than the USA's rather than limited to being foreign diplomats and military personnel and birthright citizenship goes away forever, or at least until liberals can convince a new court that illegal aliens should have citizenship. I doubt that will even happen because there are too many examples of why that is a really bad idea.

 

[John Edgar Slow Horses]

Not really.
Steve Miller made the case that since births of diplomats are not US citizens since they are not under the jurisdiction of the US government that illegals are similarly not legally under the jurisdiction either, so their kids should not be citizens as well.

He is the Jewish version of Josef Goebbels.

Illegals are being arrested for deportation. Yes, they are under the jurisdiction of our government. kyzr is just not very well put together mentally.

Immigrants have rights. The Constitution says their kids are citizens. Not one birthright citizen will lose it, and birthright citizenship will not end.

End of story.

 

[JimH52]

Birthright based on being born in the US is still in the constitution. So Trumps is not going to be able to change it and the SC with its conservative majority cannot change it as it clear as day. All they can do is play chess.

What the constitution says is clear as day. So Trump would be better off trying to change the constitution. Someone needs to suggest that to him.

While I agree with you, the Roberts court has come up with some very skewed opinions, many of which will be overturned in the decades to come...that is if we continue to be a democracy. trump is doing everything he can to see that ends during his reign.

 

[Stuartbirdan2]

Federal judge issues fourth block of Trump's birthright citizenship order since Supreme Court ruling

U.S. District Judge Deborah Boardman ruled that President Trump's administration cannot withhold citizenship from children born to people in the country illegally or temporarily.

www.cbsnews.com

 

[Stuartbirdan2]

Federal judge issues fourth block of Trump's birthright citizenship order since Supreme Court ruling

U.S. District Judge Deborah Boardman ruled that President Trump's administration cannot withhold citizenship from children born to people in the country illegally or temporarily.

www.cbsnews.com

A federal judge in Maryland ruled late Thursday that President Trump's administration cannot withhold citizenship from children born to people in the country illegally or temporarily, issuing the fourth court decision blocking the president's birthright citizenship order nationwide since a key U.S. Supreme Court ruling in June.

U.S. District Judge Deborah Boardman's preliminary injunction was expected after the judge said last month she would issue such an order if the case were returned to her by an appeals court. The 4th U.S. Circuit Court of Appeals sent the case back to her later in July

 

[Kilroy2]

Also in the past the Supreme court has ruled 3 times on Birthright citizenship and it has been in tune with the constitution.

So even the rubber stamping Supreme court today would just have to "Know when to fold them". There place in history is already known.

Lower court have ruled similarly

Three key Supreme Court rulings on birthright citizenship

Those seeking to undo Donald Trump's executive order on birthright citizenship are looking at past legal cases

www.newsweek.com

 

[egp320i]

https://www.cnn.com/politics/live-news/supreme-court-decisions-06-27-25

One of the states challenging President Donald Trump’s bid to end birthright citizenship lamented the Supreme Court’s decision Friday that makes it harder to block government policies nationwide but nonetheless appeared confident that it could still prevail in stymying Trump’s effort.

New Jersey Democratic Attorney General Matthew Platkin, who was among several state attorneys general challenging Trump’s executive order, said in a statement that “we are glad the Court recognized that nationwide orders can be appropriate to protect the plaintiffs themselves from harm—which is true, and has always been true, in our case.”

“We are confident that his flagrantly unconstitutional order will remain enjoined by the courts. And in the meantime, our fight continues: we will keep challenging President Trump’s flagrantly unlawful order, which strips American babies of citizenship for the first time since the Civil War, and we look forward to a decision in the coming months that holds this disgraceful order unlawful for good,” he said.

While the Supreme Court’s conservative supermajority limited the power of plaintiffs to seek nationwide orders that temporarily halt the government from enforcing a policy, it left unresolved what will happen with Trump’s birthright citizenship order, sending a set of cases over it back to lower courts for further review. Those lower courts could halt the policy on a broad basis again through other legal mechanisms, like class action lawsuits.

While the magats crow and cheer, the question of birthright citizenship is still unresolved. What the order did is create chaos in lower courts. There is still no answer on trump's effort to limit birthright citizenship. Instead, the order appears to give the executive more latitude to implement it's agenda and less ability of lower courts to issue nationwide injunctions. The Repub Congress is an arm of maga and now the courts have been nearly neuters. The US is perilously close to becoming Hungary 2.0.

not rocket science here, you come here illegally, you give birth you are still illegal and your child should be too.

this country has a long standing issues with anchor babies and nobody would do anything about it until trump said, stop this bullshit, obey our laws or get out, you are not welcome here

many other countries have this same policy, why should be any different?

oh right, try to slip into china, N korea who are shot dead before they can drop a kid and claim it's legal