So as I read it, the Trump admin, once again, was super sloppy with the birthright citizenship executive order. To start, an EO has no staying power, and can this have been overturned in a subsequent administration. But in addition to that they rushed Trump v Barbara to the scotus. If you listen to The oral arguments for Trump, they did not have a strong arguments for changing existing case law. Dredd Scott, Wong kim ark, . Not sufficiently addressed at all. The entire argument appears to be “semantics”. Maybe they believed they could win based on the outcome of Trump vs. CASA (ie: a lower court cannot issue a universal injunction against an executive order)?
WOW, what a colossal fuck up THAT was. basically Trump not only lost, but cast concrete blocks around our ankles for fucking decades on this. If they wanted to win this case, then the lynchpin of this argument needed to be overturning The Kim Ark case, in the same way that they overturned Roe V Wade. But they didn’t. Gorsuch, who actually was in the dissent, even points out that Trumps argument is based on semantics citing “Roman law” (they literally cite emperor Justinian) holy shit dude.
What the fuck is this admin doing?” Tried our best” isn’t good enough. Get serious for fucks sake.
Everything hinged on what "under the jurisdiction" actually means, and the case presented to the USSC didn't even attempt to do that. Birthright citizenship is now the rule of the land, and it will take a Constitutional Amendment to change it. Any attempt by Congress or the Executive to work around it will be taken to court and reversed. There is another way to go at it, though:
Use the decision as a basis for immigration law. No visas, no entry without a negative pregnancy test dated no later than 10 days before entry. All visas are now 3 months long, renewable. To renew, it takes a negative pregnancy test, again, no later than 10 days before the renewal request.
Pop pregnant, you are gone, no 2nd chances, no appeals, you are deported.
Call these new rules the Roberts rules, or the Barrett rules. Do it for everyone. H-1B, sports figures, diplomats here as part of a embassy, everyone. Make these rules burdensome, make them intrusive, and apply them vigorously.
Make Roberts and /or Barrett own this decision.
Of course, this will never happen, no Republican has the balls to do malicious compliance, not even a little bit.
And that is why we lose.
I like the way you think, but this is going to be like H1B degrees. They'll start selling negative pregnancy tests, using other people's urine, etc. etc.
Make illegal crossings while pregnant count as human trafficking. Make the punishment severe enough that no one would risk it. Doesn't deal with the ones who become pregnant while here, but it's a start. Layer it on top of your suggestions.
Before if you wanted a draconian immigration policy they'd come back with you're just a mean racist.
Now you can say we have to be extreme because the court won't let us have a nicer, moderate policy.
It's now an automatic reason to give for any anti-immigration policy, one that's not racist and can't be dismissed.
The left loses in the court 9 time only to win on the 10th or 20th or 100th. Nothing is the law of the land.