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Except unlike abortion, the Court's ruling on birthright citizenship is backed by supermajority public opinion.
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Corey Walker 🇺🇸
@CoreyWriting
Repealing birthright citizenship needs to become the new Roe vs Wade project for the right. Only select SCOTUS justices who will vote to strike down birthright citizenship.
David Watson 🥑
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This comes down to language. Most people unhappy with the decision today support birthright citizenship; they just don't think it applies to the children of people here illegally, the same way it doesn't apply to the children of foreign diplomats or to members of Indian tribes.
This just shows that the question was framed incredibly poorly, because birth tourism, which the Court just incorrectly constitutionalized today, has nowhere near 71% public approval.
Why would that stop them? The magic of the supreme court is that you get to make new laws without having to be directly elected and no one can stop you. You can even lie about what laws you're going to make when you're nominated.
Republicans need to accept that being hard on illegal immigration means working within the framework of the Constitution, not trying to twist the words of a very plainly written amendment. Right wing judicial activism is just as unrealistic as left wing judicial activism.
Importantly different in another way... overturning Roe simply returned issue to states to let them deal that headache. Overturning this guarantees the other side will come right back to the supreme court until they get the result they want. Impossible to punt, unlike Roe.
There was never a provision in the constitution that said "the government will not infringe on the ability of a woman to have an abortion in the first trimester", but birthright citizenship is in black and white in the 14th amendment.
I'm so glad, but we still need to increase the support for keeping birthright citizenship as much as possible to make it political suicide to try something like this again, especially given the fact that some people vote based only on what they think is good for the economy
Very clearly one of these worded as such things. People who come to the US pregnant to chain migrate are actually not popular at all.
I may be a random non-lawyer internet guy but it seems like the birthright thing is more plainly spelled out in the constitution than whatever due process arguments were used in Roe.
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The media could not be played.
There is, and has always been, a supermajority in favor of “there are circumstances under which abortion can and should be restricted,” and yet it took a SCOTUS opinion to make that constitutionally clear.
how many of the supermajority public knows what the 14th amendment says and the context of its drafting and the intent of its drafting
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Pradheep J. Shanker, M.D.
@neoavatara
Correct. Both Alito and Thomas(!!!) betrayed their own principle of strict constructionism. They are imagining things in the words of the 14th amendment that simply don't exist. It's kind of pretending there is a constitutional right to privacy to protect abortion. x.com/conncarroll/st…