this post was submitted on 20 Feb 2025
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Summary

A U.S. appeals court has blocked Donald Trump's executive order attempting to end birthright citizenship for children of non-citizen parents.

The 9th Circuit Court of Appeals rejected the Trump administration’s emergency stay request, upholding a lower court's nationwide injunction.

The ruling, made by a three-judge panel, argued that citizenship rights under the 14th Amendment are beyond presidential authority to alter.

The Justice Department is appealing similar rulings in other states, and the case may ultimately reach the Supreme Court. Arguments in the 9th Circuit case are set for June.

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[–] FlyingSquid 26 points 1 day ago

Trump Proposes X.
Media: "Trump can't do X."
Trump [Does it anyway.]
Media: "Judge says Trump can't do X."
Trump: [Does it anyway.]
Media: "Trump uses executive order to do X."
Trump: [Was doing it from the start.]

[–] breadsmasher 79 points 1 day ago (13 children)

have the courts actually stopped vice president trump yet?

[–] ObviouslyNotBanana 21 points 1 day ago (2 children)

I'm assuming this will travel to the supreme court

[–] NocturnalMorning 14 points 1 day ago (5 children)

Does it even need to? It's very clear wording. There is literally no argument you could make that can misinterpret the language. It's like the singular thing in the constitution that is extremely clear language.

[–] FlyingSquid 24 points 1 day ago (1 children)

You seem to think they give a shit what the constitution says in the face of all the evidence to the contrary.

[–] PunnyName 14 points 1 day ago* (last edited 1 day ago) (1 children)

The problem is, if he can somehow get rid of birthright citizenship, then no one is an American.

It doesn't just affect potential immigrants, it affects every human born in the US, past and present.

[–] FlyingSquid 19 points 1 day ago

Anyone they want to be American will be American. The rules have been abandoned and you cannot just hope they'll obey them.

[–] [email protected] 1 points 23 hours ago

"Illegal" requires enforcement.

He doesn't have anyone stopping him. There isn't anyone to actually stop him. He's dismantling the oversight and just shutting down everything.

[–] [email protected] 6 points 1 day ago

You forget, this would be another opportunity for the judicial branch to bypass Congress and "write" law, and they love that power.

Yes, I know the rules too. No, they consider themselves above the law.

Congress has too many cooks to change the Constitution properly, and likely wouldn't pass. An executive order and crooked judgement may be testing the waters to for future dictatorship.

[–] wjrii 1 points 1 day ago* (last edited 1 day ago)

The whole issue here is that the American constitution is high level framework written in the legal jargon of three different centuries. It's only viable if either (1) no one really cares about how the Federal government handles itself (1789-ca1850ish), or (2) there is a a tacit agreement that legal precedent and custom are actually important to get on with the business of governing (1865-2025).

The 14th amendment is extremely clear, with the sole exception of "subject to the jurisdiction thereof." Unfortunately, that one's only "very" clear, and requires some very basic understanding of the legislative history and customary usage in a legal context. It basically means literally everyone present in the country with the exception of those with diplomatic immunity, invading armies, and (at that time) members of Native American tribes. There was no real regulation of in-migration when it was signed, but the debates were very clear that even "undesireable" people who could not be trusted to assimilate would be citizens merely by being born here, and no one challenged the point.

If you don't understand anything about the history, though, or if you want to willfully ignore it because you have an idiotic textualism approach that would make Antonin Scalia cringe, then you open that back up for litigation. Then there's the issue of Trump declaring everything an emergency and pretending that some dudes who want to cook some french fries or a single mom hoping her kids won't get shot by a cartel are somehow equivalent to an invading army. It's facially absurd, but the constitution being what it is, if they challenge it, then the courts have to at least consider it.

With the ascendancy of originalism at the Supreme Court, and with the right wing deciding to push a "unitary executive" theory to its ad-absurdum conclusion, they might get what they want and largely dismantle the checks and balances in the system without an official "coup" at all. This would remove the predictability that allows a system to chug along and slowly but inexorably change with the times (hardly good enough for true justice, but it at least sets some sort of floor for awfulness), and it would also seriously weaken the guardrails to having free and fair elections at all.

[–] ObviouslyNotBanana 4 points 1 day ago

We'll see, I guess. They may just as well not take it up and say that the lower courts have it right. They're kind of unpredictable like that.

[–] breadsmasher 5 points 1 day ago (1 children)
[–] ObviouslyNotBanana 3 points 1 day ago

Well, it hasn't happened yet.

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[–] [email protected] 55 points 1 day ago (12 children)

"That's what the WOKE JUDGES say, but WE ALL KNOW they're not Americans!"

Yes, I threw up in my mouth a little bit having to come up with that. But the fact is that they can just ignore the courts and the Constitution, because who's going to stop them? The Department of Justice?

It's going to have to be you. And me. And our friends, family, neighbors. We're on the fourth box, and making use of it will entail conflicts far worse than this country has previously experienced.

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[–] [email protected] 19 points 1 day ago (2 children)

OK, here we go, round one @ the Supreme Court re: rule by edict.

This is the real canary to see if we still have a country

[–] stopdropandprole 9 points 1 day ago* (last edited 1 day ago)

facts.

sadly though, even if they stop one thing, they will not stop em all. he's setting a precedent every future ~~President~~ king of America will use to further the agenda of the ruling class (unless an FDR figure emerges to redirect that power at wealth redistribution).

the president may in fact now be a king and both parties (one party really - the ultra rich) has either actively enabled or done almost nothing to dismantle executive authority since at least Reagan.

the monarchists won control of the country, backed by corporatist billionaires. time will tell if it's reversible or even salvageable. might be wise to begin building the figurative life rafts.

[–] [email protected] 3 points 1 day ago

Yeah, but this one is an intentional huge over-reach. So when other, less outright violations of the Constition come up, they'll seem like no big deal by comparison.

[–] [email protected] 15 points 1 day ago (2 children)

Is it beyond the authority of the king?

[–] [email protected] 6 points 1 day ago (1 children)

The current version of Constitution doesn’t support installing Monarchy. You would need to fork Constitution, and release a new version that does. Then, you would need to uninstall Democracy, JusticeSystem, and a long list of other packages. Then, you can install your custom version of Constitution and Monarchy.

Doing so is not recommended, since severe stability issues have been reported by many countries that have tried it. If you break your country, you can keep the pieces.

[–] wjrii 4 points 1 day ago (1 children)

Part of the problem is that we are on US Constitution 2.27 (version 1 was a buggy mess and quickly re-written). Unfortunately, the v2 underlying engine was only built to be compliant with the "Democratic Republic 1787" set of standards. It was almost immediately patched in the 2.10 release to be compliant with the DR1789 revision, but required a major rework to be compliant with DR1865 and another for DR1920. subsequent point releases have generally been performance tweaks and bugfixes.

However, now it turns out that bad actors have exploited unpublished vulnerabilities that were open secrets within the dev community, and those bad actors are now largely in control of the production instance. The Steering Committee is supposed to bring on new members in 7 quarters, but it remains to be seen if the userbase will care enough make the right recommendations.

[–] [email protected] 3 points 1 day ago* (last edited 1 day ago)

LOL. That was hilarious… and depressing. Turns out, when you look at politics and history through the lenses of software development, it becomes a lot funnier to read.

[–] PunnyName 2 points 1 day ago

It's right in the wheelhouse of a king. Being able to determine who is and isn't a member of your kingdom on a whim? King shit.

[–] [email protected] 8 points 1 day ago

Here before 6-3 to get fucked

[–] werefreeatlast 7 points 1 day ago

So new law....the president can fire the appeals court! Sounds great!

Appeals court: oh he's right, let's all quit before he fires us. Makes total sense.

[–] [email protected] 6 points 1 day ago (1 children)

We need all the push back we can get. He's doing wildly illegal stuff and trying to get away with it. The courts still have some influence to keep people from carrying out the orders, but this really is a stress test of the separation of powers.

[–] [email protected] 4 points 1 day ago (1 children)

Cool. At this point if people use force to do that, will liberals kindly step out of the way?

History dictates that they won’t.

[–] [email protected] 4 points 1 day ago (1 children)

What do you mean? Step out of the way of what by whom?

[–] [email protected] 1 points 1 day ago (1 children)

Step out of the way of leftists that are willing to use force.

[–] [email protected] 2 points 1 day ago

Who is using force, and how are they being stifled?

[–] [email protected] 3 points 1 day ago

He can if you let him. I feel like all of these news posts are just to ensure liberals that fascism isn’t taking hold.

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