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Halls of Shrewd'm / US Policy
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Author: Lambo 🐝  😊 😞
Number: of 75971 
Subject: Re: I can't wait...
Date: 01/18/26 8:34 PM
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I predict the Supreme Court will rule, on a prospective basis (i.e. it won't apply to people already born here and deemed U.S. citizens even if that turned out to have been in error), that children born in the U.S. to two illegal aliens aren't automatically citizens and that Congress has the authority to specify otherwise, if it wants to.

This could happen, marco. Have you considered it?

"It is difficult to argue that the (Trump's) Executive Order is consistent with 8 U.S.C. 1401(a) as it has been traditionally interpreted, understood, and applied. That is, even if one believes that constitutional birthright citizenship is narrower than the conventional understanding, or that Congress has the power to define it more narrowly by limiting the scope of who is born "subject to the jurisdiction" of the United States, Congress has not done so, and the Executive lacks any power to redefine the scope of birthright citizenship unilaterally.

The Court could simply hold that the Executive Order conflicts with the longstanding interpretation of 8 U.S.C. 1401(a) and defer to another day whether Congress could enact legislation adopting a narrower rule. If the justices are looking for a way to avoid a splintered opinion in Barbara, this approach may be an attractive route to take." Reason
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