this post was submitted on 05 Dec 2025
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They're not going to directly overturn anything, they're going to argue that people who aren't in the US legally aren't "subject to the jurisdiction thereof", even though they're subject to it's jurisdiction enough to be arrested, tried and convicted. It's generally been understood that the clause was meant to exclude people with diplomatic immunity or something like it, but SCOTUS will ignore that in the name of "originalism".
If they're not subject to its jurisdiction, that would mean that other laws do not apply to them
So being born here becomes illegal, therefore no citizenship? To whom would that amendment then apply? Only white folk?
Not to mention the craziness of applying this to births. There have been people harassed by ICE with Real IDs who have been told those are forgeries - do we expect parents to bring passports to the hospital to make sure their kids "count"?