I would love too!
Its ******* bullshit we do that. It also breaks federal law. Which is why, i think, they would hear the case.
What has changed that would be a reason to revisit an issue, aside from you're thinking they were wrong?
Because it was wrong.
Good luck with that. LOL
Good luck with what? That ruling defies federal law.
The better question is, what makes you think it WASNT a bad decision?
I was short because I had to be someplace physically. I apologize.
Whether a decision is wrong or right is not normally the issue. But, I think the decision in Phyler is consistent with what the framers of the 14th amend intended, so constitutionally it was the correct decision.
In Phyler, all 9 justices agreed children here illegally were protected under the 14th amend's equal protection clause. That was unquestionably correct, given what the 14th was meant to do.
The question in Phlyer was whether equal protection prevented Texas from denying public education to children there illegally. ALL Justices agreed that the govt's failure to enforce immigration led to the problem.
The majority opinion stated: Sheer incapability or lax enforcement of the laws barring entry into this country, coupled with the failure to establish an effective bar to the employment of undocumented aliens, has resulted in the creation of a substantial "shadow population" of illegal migrants -- numbering in the millions -- within our borders.
I think the issue was simply whether the 14th allowed the new creation of an essentially slave class. After the civil war and the civil war amendments, would the federal and state govts be allowed to "unofficially" import workers who had no legal rights and who could be used to breed more workers with no rights or educations? No, I don't think that is constitutional. The fed govt may enforce legal immigration laws, and deport adults and children, though.
Digression: I had a long and unpleasant conversation with Dante about the 14th amendment and birthright citizenship. In short, I think there's a logical argument that the Supreme Court in Wong Ark in 1898 could not have foreseen the immigration clusterfuck and people coming across the Mexican border to have children and gain citizenship. I don't think that argument would actually work, but I'm not going to say that people who say birthright citizenship should not be constitutionally protected are inherently stupid. I think one can logically contend the framers of the 14th did not intend to create a second means of gaining citizenship than by immigrating here under the laws in effect at the time. But the scotus is not going to reverse birthright citizenship.
But those children are still undoubtedly protected by the equal protection clause, because they are in a state and voluntarily (by parents) subject to state and federal law.