Friday, April 3, 2026

(#6270) "It’s a new world, it’s the same Constitution"-John Roberts

      In some ways the very essence of our Constitution was under attack by the trump administration. They tried to argue that circumstances change and the Constitution should change with those circumstances. In some ways I agree if it were an intent of our founders to enhance our Constitution toward a more equal and free society. But in this case the republicans were trying to take equality and freedom away from our society and it was clear once the trumps argued their cause. The justices at the Supreme Court are not rubber stamps for trump even though they do try to go out of their way to give the trumps the benefit of the doubt. Yet in this case of birthright citizenship republicans went a bridge too far!
    The legal term "Stare decisis" is Latin for letting things stand that have already been decided. In Roe v. Wade the republicans on the Supreme Court did not follow Stare decisis and reversed settled law. For many of us the audacity of the court was exposed as they pretzeled their logic to go against tradition and equality to make things less democratic for our society. So with that knowledge embedded in my mind the idea that the republicans on the Supreme Court would find a twisted way to reverse birthright citizenship was for me more than plausible. Especially when trump announced he was going to attend the Supreme Court birthright citizenship argument in person.
     On the day of the argument before the Supreme Court on the birthright citizenship question trump was there to oversee the proceedings in a way that seemed to many as intimidation. What he found out is that although the Court may have aided him in Roe it was not the same with this case. The 49 years Roe was the law of the land couldn't withstand a reversal. But the birthright citizenship clause in the 14th amendment has been around for nearly 158 years. There has been no decision yet in this case but from the tone of the justices and their questions the idea that they would again go against Stare decisis is to me not going to happen. The intent of the birthright clause is clear and any altering of it would expose a nefariousness no justice should want attached to their legacy!

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