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Pending a ruling. Not uncommon.
Then the ruling will get challenged to the next court up and so on until it hits the Supreme Court which will issue a 6-3 ruling agreeing with Trump.
It's kinda written right there into the 14th ammendment. You'd have to agree that they are not subject to our laws, which would be a pretty hard sell even to this supreme court.
This supreme court has shown repeatedly that they don’t care what the Constitution says, no matter how clear or obvious. Their “interpretive” power is so broad that they can, have, and will casually override it whenever they feel like it.
They've always used some kind of ambiguity in wording to hide behind. There is none in regards to this. It is directly spelled out.
They're basically like an evil genie. They'll find SOME way to twist the words to mean whatever they want no matter how clear they appear to be.
I think they might actually buy the argument around jurisdiction, which is... scary.
If they aren't under our jurisdiction, we can't arrest them for murder
No, you see, the argument will go that as long as they're here illegally and free, they're "unsuccessfully under jurisdiction" and once they're arrested, they're "under jurisdiction" and therefore the child isn't a US citizen but "obviously while they're here they'll be punished for their crimes" once they're "successfully under jurisdiction"
When the president does it, that means that it is not illegal.
SCOTUS seemed to not like a lot of Biden's EOs though, I wonder why that could be...
14A S3 didn't count, why should 14A S1?
This one is plain language, and very explicit about who is a citizen. There was at least wiggle room to argue semantics about 14A S3, even though everybody knew what was intended by it. It is clear, concise, and very to the point.
SCOTUS is insane but they pick and choose when to be insane. Don't assume all cases will go a given way
The judge who just put a temporary injunction was even a Ronald Regan appointee
I'd think the only way they'd rule against him would be to say "Interpreting the Constitution is our job, not yours." But then they'd maintain the interpretation under their branding.
The right wing SCOTUS has ruled against more directly against Trump before, and has done so recently. For instance, he called for them to block the TikTok law, and they ruled 9-0 the other way.
Or they also might just not pick up the case. SCOTUS often just lets rulings like this happen by letting the lower court rulings stand
Every fight is worth having
The moment they directly contradict specific plain text of the Constitution, they invalidate the document giving them their own authority.
Which would also be the end of their usefulness to Trump et al.
Yeah, that's what I think this is about. I don't think they care at all about the birthright citizenship. They are testing what they can get away with, and how far they can push right now to tear up the constitution.