SCOTUS strikes down EO, affirms birthright citizenship.

by Savage, Around Ye Olde Colonial College, Tuesday, June 30, 2026, 07:36 (22 days ago)
edited by Savage, Tuesday, June 30, 2026, 07:48

3 liberal justices, ACB, and the Chief Justice (who wrote the opinion) signed on to establish the majority.

I Like Beer concurred in judgement but dissented in part -- basically opining that the EO isn't in conflict with the 14th as written, but does violate the federal statutes that codified and established the parameters of how the 14th would be applied.

As expected, Thomas dissented along with Alito. A bit surprising that Gorsuch joined in the dissent, particularly given his history with Native American citizenship rulings ... I haven't read the dissent, though, to see what the crux of the argument is.

If HRC had won in 2016 --

by omahadomer, Wednesday, July 01, 2026, 16:22 (20 days ago) @ Savage

she would've appointed Scalia's and RBG's replacement and Kagan would probably be the center of the Court, not ACB.

Pray for the good health of Jackson, Sotomayor, and Kagan.

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"Somewhere in Middle America"

The Atlantic has a good writeup on the ramifications

by Joe I @, Wednesday, July 01, 2026, 07:47 (21 days ago) @ Savage

of this week's decisions.

https://archive.ph/Wd3Jb

Brett Kavanaugh, living constitutionalist

by Publicola, Tuesday, June 30, 2026, 12:14 (21 days ago) @ Savage

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The language in parts of the 14th amendment

by Bryan (IrishCavan), Howth Castle and Environs, Tuesday, June 30, 2026, 10:45 (21 days ago) @ Savage
edited by Bryan (IrishCavan), Tuesday, June 30, 2026, 11:47

was left intentionally vague, but this is pretty fucking clear: "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."

These assholes are intentionally parsing the language to fit their fascist ideology.*

*I'm not a lawyer but I am an historian with a pretty good understanding of the Reconstruction amendments.

NPR says Alito is retiring, Court officials say no such news

by Savage, Around Ye Olde Colonial College, Tuesday, June 30, 2026, 08:01 (22 days ago) @ Savage

I assume this means he will retire, but that he'll announce it on his own terms sometime later. But it could just be a complete whiff by NPR in hitting publish on the wrong story (as certainly they would have pre-written retirement stories for at least Alito and Thomas in the days leading up to the last day of the term).

not retiring

by HumanRobot @, Cybertron, Tuesday, June 30, 2026, 11:39 (21 days ago) @ Savage

But he was actually eaten by wolves

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Freeman's got so much riz they need to call him Aura Parseghian

Really? Taft?

by Coach Gillespie @, Omaha, Tuesday, June 30, 2026, 11:54 (21 days ago) @ HumanRobot

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Throw em out Marianne.

NPR just retracted the story.

by oviedoirish @, Oviedo, Florida, Tuesday, June 30, 2026, 09:31 (22 days ago) @ Savage

Ha, that nugget probably came from the Trump administration,

by Joe I @, Tuesday, June 30, 2026, 10:11 (21 days ago) @ oviedoirish

in another attempt to force Alito to retire.

I'd assumed it was a leak check

by Charles, Austin, TX, Tuesday, June 30, 2026, 13:39 (21 days ago) @ Joe I

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Guaranteed

by Bryan (IrishCavan), Howth Castle and Environs, Tuesday, June 30, 2026, 11:19 (21 days ago) @ Joe I

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Alito and Thomas should definitely not retire

by MattG, Tuesday, June 30, 2026, 12:12 (21 days ago) @ Bryan (IrishCavan)

They’re still young, lots of justicing left in them. No need to retire during the Trump administration. They’re gonna live forever and should make no other contingency plans.

It makes my stomach churn to contemplate how likely

by BillyGoat @, At Thanksgiving with Joe Bethersontin, Tuesday, June 30, 2026, 08:06 (22 days ago) @ Savage

it is that we will end up with someone even more malicious and corrupt than Alito.

In normal times, the notion would be totally unimaginable. Now, there's almost no way we don't get a complete hack like Ho or Cannon.

Pretty sure Kav was the one during oral argument who

by BillyGoat @, At Thanksgiving with Joe Bethersontin, Tuesday, June 30, 2026, 08:00 (22 days ago) @ Savage

spent a bit of time talking about the two paths to victory for the challengers.

I find the idea that the EO doesn't conflict with the 14A pretty insane, but it seems BK provides a set of suspenders to bolster the belt that is the language of the amendment.

The scary part to me

by Dallasdomer, Tuesday, June 30, 2026, 12:05 (21 days ago) @ BillyGoat

Is the court was only 5-4 on the long held meaning of the 14th Amendment

If it were only "long-held meaning." 4 judges...

by PMan @, The Banks of the Spokane River, Wednesday, July 01, 2026, 08:17 (21 days ago) @ Dallasdomer

decided, for political and cultural reasons, that the particular section of the 14th Amendment does not say what it says. They ignored the actual words strung together as a phrase, then into a main sentence.

Hugo Ball and the Dadaists would be impressed.

Actually 5.5 to 3.5. Plus you had to know Alito and Thomas

by NDinVA @, Yorktown, VA, Tuesday, June 30, 2026, 22:29 (21 days ago) @ Dallasdomer

were going to dissent. I'm just relieved ACB didn't join them.

Alito and Thomas aren’t even judges

by MattG, Wednesday, July 01, 2026, 10:28 (20 days ago) @ NDinVA

They’re just political operatives. Anyone can predict how they’ll rule on any issue with 100% accuracy, regardless of the law or the facts at issue.

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