'The Supreme Court Has Never Heard a Case As Easy As This One'

[sop]

(TPM) "On January 20, 2025 — his first day back in the White House — President Donald Trump issued an executive order purporting to override the Fourteenth Amendment’s guarantee of birthright citizenship. Tomorrow, the Supreme Court will hear oral argument in Trump v. Barbara, a direct challenge to the constitutionality of that order."

"That the birthright citizenship argument is scheduled for April Fool’s Day makes a grim sort of sense, because the argument itself is a sick joke. Trump is claiming that he has the unilateral power to create a permanent, hereditary legal underclass unseen in America since before the Civil War. In doing so, he is rehashing grotesque legal arguments that every branch of government has rejected for generations, and placing himself at odds with the plain text, history, and purpose of the Fourteenth Amendment."

"Congress adopted the Fourteenth Amendment after the Civil War in significant part to repudiate the Supreme Court’s ruling in Dred Scott v. Sandford. That 1857 case held that the longstanding principle of citizenship by birth categorically did not apply to Black Americans, whether free or enslaved, and that they could never become citizens of the United States. Eleven years later, in order to reject this holding and to place the citizenship of disfavored minorities beyond political dispute, Congress declared in the first sentence of the Fourteenth Amendment that 'all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.' "

"In 1898, 30 years after the enactment of the Fourteenth Amendment, the Supreme Court was called upon to decide whether 'all persons' really meant 'all persons.' Wong Kim Ark was born in San Francisco to Chinese parents who, under the Chinese Exclusion Act passed by Congress in 1882, were 'subjects of the Emperor of China' and could not legally immigrate to the United States. After a visit to China, customs agents denied Wong Kim Ark reentry into the country, claiming that he wasn’t a citizen. But in United States v. Wong Kim Ark, the Supreme Court ruled that he was, and affirmed 'the ancient and fundamental rule of citizenship by birth within the territory,' with only a narrow exception for the children of diplomats and members of sovereign Indian tribes."

Continued at link:

https://talkingpointsmemo.com/cafe/the-supreme-court-has-never-heard-a-case-as-easy-as-this-one

[FalloutShelter]

1. This should indeed be easy.

This is not really about the fourteenth amendment to the Constitution.
It is about whether and out of control executive has the right to nullify any part of the Constitution he wants gone,

If the SCOTUS rules for Trump here:
a. We no longer have a Constitution
b. We no longer need the Congress
c. SCOTUS is a joke

[Wonder Why]

2. Not true. Three of them have to decide if a clear Constitution, human decency and rights, the

future of democracy, and fair and honest decision making are more important than paying back trump for giving them a job. That's one tough thing to weigh.