They voted 6-3 to invalidate the order, 5-4 (Roberts+Barrett) that it violated the 14th amendment, and Kavanaugh concurred that it violated some normal law.
Best case scenario would have been to invalidate the order but say that Congress can change it. Not possible now until Roberts or one of the liberals resigns.
Technically citizenship could be removed by deporting somebody if they are no longer "subject to the jurisdiction".
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.
Present tense. Supremes presumably said that at birth they were subject so they have citizenship for life, but that's not what it actually says. All of us, anchor babies and real Americans, only have citizenship while subject to the jurisdiction.
Historically, in saner times, you only stop being "subject to the jurisdiction" when you renounced your country because jurisdiction meant your country, your allegiance; move to Russia, become Russian citizen, renounce American citizenship, you're no longer a subject.
But if the Supremes (haven't read it yet) say it's geographical then it can be taken away geographically. So we could have a law that says if an anchor baby is deported with their parents they're no longer citizens -- just have to make sure they never step foot on American soil again.
Doesn't this open a different door though?
As I swear it was birthright citizenship has to go otherwise a DIFFERENT measure can be taken, like they can't block both ways to remove people?
They voted 6-3 to invalidate the order, 5-4 (Roberts+Barrett) that it violated the 14th amendment, and Kavanaugh concurred that it violated some normal law.
Best case scenario would have been to invalidate the order but say that Congress can change it. Not possible now until Roberts or one of the liberals resigns.
The SCotUS only revisits one ruling every 10 years. It will be centuries before this one is revisited.
The United States won't live that long.
With this ruling, it's done
On average.
Technically citizenship could be removed by deporting somebody if they are no longer "subject to the jurisdiction".
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.
Present tense. Supremes presumably said that at birth they were subject so they have citizenship for life, but that's not what it actually says. All of us, anchor babies and real Americans, only have citizenship while subject to the jurisdiction.
Historically, in saner times, you only stop being "subject to the jurisdiction" when you renounced your country because jurisdiction meant your country, your allegiance; move to Russia, become Russian citizen, renounce American citizenship, you're no longer a subject.
But if the Supremes (haven't read it yet) say it's geographical then it can be taken away geographically. So we could have a law that says if an anchor baby is deported with their parents they're no longer citizens -- just have to make sure they never step foot on American soil again.