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Amishman

(5,858 posts)
1. It's more complicated than that
Tue Jan 21, 2025, 09:18 AM
Jan 21

Trump's is exploiting an area of poor phrasing in the 14th and also an old SCOTUS ruling (Wong Kim Ark). That old 1898 case defined 'subject to the jurisdiction thereof' to include obeying us law. That in turn opens the door to arguing the inverse - that it doesn't apply if the parents are in the country in violation of us law.

It's not the strongest argument, but it is a scenario not explicitly covered before and thus a gray area for them to exploit.

The 2nd however has been redefined so thoroughly by the current Pub SCOTUS that there isn't much former gray area they haven't repainted in their favor.

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