This morning, John Coughenour, a federal judge in Seattle, put an end to Donald Trump’s pretense that he could undo the constitutional right to birthright citizenship.
I can’t wrap my head around the absolute arrogance and stupidity, and whatever else you might use to describe this paragraph! For those that think children of immigrants are not fully endowed by the 14th amendment to all of the rights and privileges of citizenship. Maybe they should take a look at oh I don’t know Trump‘s father wasn’t he the child of immigrants or Trump himself I believe his mother was an immigrant or his children?Or is it simply that white people need not worry…
TC, then, there's Musk's kids, or at least the ones he acknowledges. I try, but I can't imagine him as anyone's father. He is despicable and his children would have a hard time trying to justify calling him "dad." He likes to make babies with his "precious" sperm, but I can only hope the women he impregnated are decent human beings who have a chance of raising decent human beings, nothing like their father.
We are ALL descendants of immigrants, with the exception of Native Americans. If they want to demonize immigrants, they can start with their own families, and leave the law abiding ones alone!!
A convict is someone who has been found guilty of a crime, while a felon is a convict who has been found guilty of a felony. A felony is a serious crime that can result in long prison sentences, fines, and other punishments. He is a convict, he has been found guilty of a crime. Operative word convict, hence Convict-in-Chief.
I’m running late with my emails today so I had commented about this ruling in your earlier newsletter Joyce. This judge should be given a trophy for laughing those attorneys out of court with their foolishness. He’s up there in my book with Bishop Budde.
His wife is an immigrant and Trump went against what he espoused bringing her parents over and providing them citizenship. They didn’t follow the normal channels.
This sums it up. Republicans are:
1. Hypocrites
2. Liars
3. Cheaters
4. Self absorbed
5. Vengeful
6. Will do anything to win (and probably did! See below)
MisTBlu, actually, I don't think Toddler-Trump's world is all that bright. He seems miserable most of the time, haughty, whiny, toddleresque, but not particularly happy which is why he has to keep doing things to harm other people to try to get misery going all over the place. That is orgasmic for him.
He is a very needy, nasty toddler-man surrounded by a whole playground of toddlers who want to do harm to the adults. They have no end game, just to do harm and deny rights to everyone who is not them and people who blindly support them. We need more good parents around and more adults in every room if we are to stop the bad toddler behavior and keep our nation safe.
But wait, the Republican from Georgia wants her deported. This is how stupid every Republican is. I haven’t heard one Republican speak up against Mike Collins and his constant racism and misogyny. He’s prolific. They even continue to reelect the clown.
Deb, Toddler-Trump and his playground buddies are nothing like christian. I was so glad that the DC Bishop refused to apologize. She has nothing to apologize for. Toddler-Trump and friends want to cow a powerful woman, and she refused the offer. She clearly spoke to them all as a true Christian and they reacted first as toddler-men and toddler-women then as bullies who think they can and should be able to control everyone; she said "no." As a Christian minister, I am grateful to her and all other honest Christians who have chosen to stand up to the bullying. Maybe that will be an example to more people who have forgotten what it means to be Christian, if they ever knew, and want to try to live the life of loving service that true Christianity demands. We'll see.
I thought her gracious plea to Trump was beautiful and eloquent. I had to find it online again to send it to my husband and daughters, in case they had not seen it. It was troubling how Vance looked at Trump and Trump's whole expression. Very disappointing in the least, godawful at best.
Susan, while I understand your objection, when somebody thumps me with a Christian Bible and tells me I am unworthy, I am inclined to believe them when they say they are Christian.
Yes. I'm amazed he didn't light on fire in the National Cathedral. It's probably why he wouldn't put his hand on the bible for his enshittifcation of the Oath of Office.
I recently learned that putting a hand on a bible while taking the oath of office is not required. It started (back in the '40s if my memory serves me well, which it often doesn't) and I can't remember which president started that trend, but it's definitely not a requirement. Why Melaria stood there holding those books is beyond me.
People do seem to ignore the fact that if one of your parents is a US citizen, even the rightwingers agree that you are a citizen. Trump has always been a citizen, therefore his children, all of them, are citizens.
I agree his anti birthright position is highly problematical but it has zero to do with the citizenship of his children or any other children who have at least one American citizen parent.
Every one of trump's legal docs read as though he's written them himself - no realistic legal premise, the logic changes from paragraph to paragraph. They just don't flow smoothly. I can't imagine how someone who writes these irrelevant, sham pleadings could possibly have graduated from a regular law school. They're all suspiciously so childlike, they ought to be written with Crayolas. I'm also constantly astounded that people who have graduated from reputable law schools, who've earned excellent ratings for their ethics and legal ability through years of practice, always lunge at the chance to represent trump no matter how disgusting the current public scandal he's blistered his way into nor that he publicly humiliates them and stiffs them on legal fees. They keep showing up for him afterwards as if being publicly humiliated by someone known worldwide as an ignorant blow hard is an honor and a privilege. I just don't get why they subject themselves, their reputations, and families to such scandal and personal humiliation. Clearly something happened to their ability to make sound decisions. That conversion and its impacts would be interesting reading.
Trump's curent wife, who came here on a questionable "genius" visa, sponsored her parents' visas, card carrrying Communists from the former Yugoslavia. Same for his first wife.
As I said this morning, just because they may be citizens, if they were naturalized, as # 45, he planned to "denaturalize" them. In January 2018, U.S. Citizenship and Immigration Services (USCIS) stated its intention to refer approximately 1,600 additional citizens to DOJ for prosecution. In its 2019 budget request, ICE asked to review the files of 700,000 U.S. citizens. https://immpolicytracking.org/media/documents/ACLU_Fact_Sheet_on_Denaturalization.pdf
Meanwhile here in Baghdad by the Sea, perhaps tens of thousands of visas were voided. These folks had been legally admitted. USCIS removed Humanitarian Parole, complicating access for migrants from Cuba, Venezuela, Haiti, and Nicaragua. In order to come, they had to have received parole on the basis that a US citizen sponsored them.
Did you hear a violent Jan 6 rioter who assaulted a police officer was re-arrested? He was the first of the pardoned Jan. 6 Capitol attackers to be re-arrested. (Of course it’s not all over the news. We need to circulate it).
I hope this is just the start of the re-arresting. People pardoned by Trump were making threats as soon as they learned they would be free. Lock 'em up!
Look, I’m neutral on this issue of birthright. Why are we making such a big stink about it? First and foremost, it is an amendment. It’s not going anywhere. I don’t agree with it because it has outlived its intent. It was written to protect the enslaved from being sent to Africa. It’s being abused today for anyone who can get in before the baby pops out. And in my opinion, with all the major Trump crap issues, this shouldn’t be one. Wait till he reduces Medicare, Medicaid and Social Security. Wait till the medicines begin increasing again. Wait till he renews the 2017 tax cuts for the wealthy. Wait for every God Dam fricken move he makes to increase the billionaire wealth of his Cabinet. But come on, birthright citizenship? Choose your battles.
Hi Bill, thanks for your view. I tend to look at it as being a White Nationalist
agenda and find it offensive on every level. Yeah, we can pick battles but I
look at the moral and Constitutional standard that is set. I don’t care if people “take advantage”. Hell, I would take any of these people, including boat
refugees from Haiti, over these fascist MAGA slobs any day. They risk their life
to come here; that is the type of citizen I personally love because they will make it work for themselves and their families.
In United States v. Wong Kim Ark, the U.S. Supreme Court ruled that the 14th Amendment provides people born in the U.S. citizenship at birth, even if their parents are not U.S. citizen. This has been settled law for years. If it is abused Congress should close those loopholes. It can't be ignored. It would take an amendment to completely change it.
Admittedly there is a difference. Roe v Wade was NOT based on anything specifically written in the Constitution except pure interpretation. The 14th Amendment is absolutely in the Constitution and the Won Kim Ak decision is based specifically on the wording of that Amendment. But again, there is wiggle room for how you interpret the wording so either way the court might rule won't totally surprise be.
Actually I don't agree with your final assessment. The 14th Amendment is vague..I agree that there was a decision 127 years ago that appeared to settle the issue but as we continue to see not all SCOTUS judges agree that decisions can't be revisited, and to be fair liberal judges have done the same in the past with other issues.
Without the "comma" clause in the 14th (that reads "and subject to the jurisdiction"), it would be 100% clear. Born in the US, you would be a citizen.
But the clause is extremely vague and provides wiggle room and it is clear that the Trump administration will do all it can to get the Justices to rule that doesn't include children of two undocumented non citizens. And despite what we all might want to think, there are plenty of legal scholars who agree with them.
Ultimately this decision will rest with the courts. I hate to say this but I will not be surprised if the ultimate decision overruled this "settled law" and made children born in the US to non citizen parents non citizens. That will be a tragic decision in my opinion but it shouldn't shock us either. We know the feelings of this court and they will actually surprise me if they rule against Trump.
It is an insult to ANY US citizen and a battle because it is simply Unconstitutional and the sitting President is sworn in to uphold it! Oh, I forgot, he really didn't sign in....
It does get abused, and that is not a good thing. But this needs to be openly and thoroughly discussed and go through the channels for an amendment, if that is so decided. It's a complex issue and can't be tossed off by one man's sharpie.
Who was arguing for the Trump administration if anyone?
I saw this as step one to establishing birth does not give you rights to citizenship and then step two would be applying it to people born before February 19. That would make all but one of Trump's children non citizens and he would be too if the bar is both parents must be born in the US.
Thank you, Joyce, for this sliver of positive legal news. And, as always, you present these updates in ways that non-legal folks like me can wrap our brains around. I deeply appreciate the care you put into communicating for all of us.
Make that a double! Please show me a time in political history when a dominator has not been worn down by the oppressed. We will get through this, but it will take a little backbone like our Forefathers and Foremothers took the Boston Massacre literally. Bannon, Trump and Stone planned J621, people died, and they are still at large. Biden DOJ had four years to nail them! He should have arrested and jailed them on his own Jan 20 Inauguration in 2021. But he didn't. Why?
Now I need someone to explain how cheeto caligula can unilaterally halt ongoing NIH medical research programs, as is happening today. Congress appropriated those funds. WTF.
He is trying to use the power of impoundment to not release funds for anything he dislikes however, he needs congress to approve it. Everyday is going to be a test of their loyalty.
Impoundment? Congress needs to approve? Interesting. I don't know how the two are entwined. I do know that their immigration bill did not include funding. Does funding need more than a simple majority?
The ICA is supposed to force the executive to provide reasons for a rescission, upon which Congress has 45 days to act, and if they don't act, the funds have to go through whether executive wants or not. However, in Deferrals, if the Executive shows that he is "(2) achieving budgetary savings made possible through improved operational efficiency..." if Congress does nothing, then the funds do not have to be spent in the current fiscal year of the executive ask. Anybody want to guess why the Nazi Afrikaner and the Rabid American are in the DOGE house? If they show efficiency has saved money somewhere, then the money of the deferral can be allowed. The Big Lie Party has TWO SEAT majority and they passed the Immigration bill without funding. I believe, if I understand it correctly, that this Congress will pass tons of bills without funding, thereby by-passing Congressional debate, and allowing the executive to notice them about a deferral, and then not doing anything. Perhaps write a new bill eliminating the NIH or the DOE? No?
Dear Joyce as a child I grew up with Jim Crow, as did my parents and grandparents. We were treated like criminals and second-class citizens though we had never committed a crime in life. There were times when I despaired that the courts would every come to our defense and allow us too just live. The courts did come to our defense, and my grandmother who was born in 1893 and passed in 1986 lived long enough to experience it. I am so very pleased to see that there are judges who value the rule of law, the Constitution, and the humanity of all people whether they are citizens or not.
As a resident of Washington state, I stand proud with both Nick Brown and Judge Coughenour! We have a history here of fighting Trump's lawlessness.
We are only at Day Four of the the felon's presidency, and what a total freak show. Susie Wiles will not keep the clown car from entering; she's at the helm or at least in the back seat incapable of discerning right from wrong.
I would really love to start hearing Dems cogently and vociferously start fighting back! Pick your battles, BUT GET LOUD!
Lisa Murkowski just announced that she will NOT back Pete Hegseth for SecDef. PLEASE, take a moment and email her or phone her office at (907) 271-3735 - Alaska, or (202) 224-6665 - Washington, DC office.
These are crazy times, and it (unfortunately) takes a lot of courage to stand up to Trump and MAGA. Those who are in the GOP and are willing to stand up with integrity should be acknowledged! Thank you.
One dragon appears to be slain! Now let’s get onto a ridiculous one; renaming the Gulf of Mexico? While I realize this is minuscule compared to a Constitutional right, it is patently ridiculous and needs to be shut down now.
I'm not sure the US can unilaterally change the name of an international body of water. I know that Myramar, formerly Burma, was in limbo for a long time vis a vis the UN.
Absolutely, but the whole idea needs to be stopped. I just read that the moron told the NIH to stop their review panels on cancer research!!!! Why? What is he doing?
I live in FL. The roadways along the Gulf of Mexico are now known as "Gulf of Mexico" Boulevard or Drive. So now I'm curious as to whether these roadways will be obediently renamed as well?
Trump isn't ruled by knowledge (he has no knowledge of governance) but by hatred and bombasity. His attorneys are ruled by money. We need to stop looking for logic because it isn't prevalent.
I can’t wrap my head around the absolute arrogance and stupidity, and whatever else you might use to describe this paragraph! For those that think children of immigrants are not fully endowed by the 14th amendment to all of the rights and privileges of citizenship. Maybe they should take a look at oh I don’t know Trump‘s father wasn’t he the child of immigrants or Trump himself I believe his mother was an immigrant or his children?Or is it simply that white people need not worry…
Barron is the son of an immigrant, as are Ivanka, Eric and Junior.
And Barron's the son of an immigrant who was an "illegal."
And that's the "naked" truth, TC.
Yes a nude model was a benefit to the country. Maybe not the country but we know who the benefited.
TC, then, there's Musk's kids, or at least the ones he acknowledges. I try, but I can't imagine him as anyone's father. He is despicable and his children would have a hard time trying to justify calling him "dad." He likes to make babies with his "precious" sperm, but I can only hope the women he impregnated are decent human beings who have a chance of raising decent human beings, nothing like their father.
I'm honestly curious. Would this intended change in the law not mean Barron should be deported? He is the definition of an anchor Baby is he not?
She got an Einstein visa...thanks Reagan!
I'm pretty sure she was legal when he was born, though.
No it was after.
Except that his father (DT) was a citizen.
We are ALL descendants of immigrants, with the exception of Native Americans. If they want to demonize immigrants, they can start with their own families, and leave the law abiding ones alone!!
As is the Convict-in-Chief, as was his grandfather. Sometimes it's hard to discern between reality and your malicious pipe dreams.
“Convict in Chief” Perfect name, love it!!
Technically, while most of us think he should be a convict, he is more accurately a felon; so that would make him the first Felon-In-Chief.
A convict is someone who has been found guilty of a crime, while a felon is a convict who has been found guilty of a felony. A felony is a serious crime that can result in long prison sentences, fines, and other punishments. He is a convict, he has been found guilty of a crime. Operative word convict, hence Convict-in-Chief.
He was found guilty in NY on 34 counts of fraud so what am I missing? He was found guilty of crimes which were felonies.
And let's not forget trump has consistently hired illegal immigrants to work at his various businesses.....
KMB, hypocrisy is strong in this toddler playground!
I’m running late with my emails today so I had commented about this ruling in your earlier newsletter Joyce. This judge should be given a trophy for laughing those attorneys out of court with their foolishness. He’s up there in my book with Bishop Budde.
Never give up. Never give in and no snitching.
Unless our ancestors were Native Americans, we are all descendants of immigrants.
Last time I checked their parents were legal residents.
His wife is an immigrant and Trump went against what he espoused bringing her parents over and providing them citizenship. They didn’t follow the normal channels.
This sums it up. Republicans are:
1. Hypocrites
2. Liars
3. Cheaters
4. Self absorbed
5. Vengeful
6. Will do anything to win (and probably did! See below)
From SmartElections.US
the very latest analysis showing election data from NUMEROUS states:
https://open.substack.com/pub/smartelections/p/so-clean
https://youtu.be/qmzGOQwMG_k
https://youtu.be/y3-jqU8m-80?si=AzvhGqSUU
https://electiontruthalliance.org/2024-us-election-analysis
Not to mention morally, ethically and intellectually bankrupt and incapable of governance.
Go on...
Proof positive that Trump safely dwells in his own personal universe, others unallowed.
His universe is all rainbows and unicorns while every place else is a hellhole.
MisTBlu, actually, I don't think Toddler-Trump's world is all that bright. He seems miserable most of the time, haughty, whiny, toddleresque, but not particularly happy which is why he has to keep doing things to harm other people to try to get misery going all over the place. That is orgasmic for him.
He is a very needy, nasty toddler-man surrounded by a whole playground of toddlers who want to do harm to the adults. They have no end game, just to do harm and deny rights to everyone who is not them and people who blindly support them. We need more good parents around and more adults in every room if we are to stop the bad toddler behavior and keep our nation safe.
Well that explains trump's mentality very well and so simply. 'Misery Loves Company'.
But as President, that personal universe has become our universe as well.
You forgot rich and christian.
Oh no, Christians like Bishop Mariann Budde and others who speak truth to power might have plenty of reason to worry.
But wait, the Republican from Georgia wants her deported. This is how stupid every Republican is. I haven’t heard one Republican speak up against Mike Collins and his constant racism and misogyny. He’s prolific. They even continue to reelect the clown.
She's from New Jersey. It's mind boggling how stupid some of the people are!
Yes, she’s not the first American they’ve demanded be deported.
Where to?
That was my first question too, Linda. Maybe New Jersey will secede?
Deb, Toddler-Trump and his playground buddies are nothing like christian. I was so glad that the DC Bishop refused to apologize. She has nothing to apologize for. Toddler-Trump and friends want to cow a powerful woman, and she refused the offer. She clearly spoke to them all as a true Christian and they reacted first as toddler-men and toddler-women then as bullies who think they can and should be able to control everyone; she said "no." As a Christian minister, I am grateful to her and all other honest Christians who have chosen to stand up to the bullying. Maybe that will be an example to more people who have forgotten what it means to be Christian, if they ever knew, and want to try to live the life of loving service that true Christianity demands. We'll see.
I thought her gracious plea to Trump was beautiful and eloquent. I had to find it online again to send it to my husband and daughters, in case they had not seen it. It was troubling how Vance looked at Trump and Trump's whole expression. Very disappointing in the least, godawful at best.
Yes, that sad minority—white, Christian and male.
I wish people would quit using Christian - capital C - for people like trump or the christian nationalists. They are about nothing to do with Jesus.
Noted!
Not even Christian or christian; evangelical nutjobs.
Right. Christian Nationalists are a political movement, not a religion.
Christian in name only, so maybe more appropriately ChINO's.
Susan, while I understand your objection, when somebody thumps me with a Christian Bible and tells me I am unworthy, I am inclined to believe them when they say they are Christian.
because trump is Christian. The hypocrisy may overwhelm us.
"trump is Christian." Is that CINO, as in Christian In Name Only?
Yes. I'm amazed he didn't light on fire in the National Cathedral. It's probably why he wouldn't put his hand on the bible for his enshittifcation of the Oath of Office.
TCinLa, Love your term "enshittification" of the Oath of Office! Very appropriate.
As usual, you have a way with words. I think enshitification belongs in the OED.
It's been around since at least 2022.
https://en.wikipedia.org/wiki/Enshittification
I think that WAS on purpose-hand on Bible means something. Justice Roberts said nothing.
What do atheists put hand on; the act means something. I think everyone should swear on the Constitution!
I recently learned that putting a hand on a bible while taking the oath of office is not required. It started (back in the '40s if my memory serves me well, which it often doesn't) and I can't remember which president started that trend, but it's definitely not a requirement. Why Melaria stood there holding those books is beyond me.
Would his inaugural address be an example of embombastification?
Not even that. It’s a coat he puts on as needed to placate his followers or attempt to dupe the rest of the country.
Excellent. CINO only it is.
Probably overwhelms Jesus too.
Yes, Barbara has it: at best a CINO.
Instead he spoke god to God.
I'm sure God took note of that, David. If there wasn't a Hell beneath Hell, God probably created one right after Trupm spoke.
Oh, not Christians in the sense of believing in love, compassion, and selflessness. They are arrogant and intolerant at best.
"Christian"
Hes not Christian.
Remember he and his compatriots are White Nationalist. If people were flooding in from Scandinavia, none of this would be happening.
Funny how a brown man with a funny accent, like say Jesus of Nazareth, would be deported instantly by these good "Christians."
I think they tried that, Mara. How did that work out for them?
Or, you know, tffg's children. Weren't they all, or mostly all, born to immigrants?
Except Tiffany....but check out her husband.
People do seem to ignore the fact that if one of your parents is a US citizen, even the rightwingers agree that you are a citizen. Trump has always been a citizen, therefore his children, all of them, are citizens.
I agree his anti birthright position is highly problematical but it has zero to do with the citizenship of his children or any other children who have at least one American citizen parent.
Raising that argument is a classic red herring.
Every one of trump's legal docs read as though he's written them himself - no realistic legal premise, the logic changes from paragraph to paragraph. They just don't flow smoothly. I can't imagine how someone who writes these irrelevant, sham pleadings could possibly have graduated from a regular law school. They're all suspiciously so childlike, they ought to be written with Crayolas. I'm also constantly astounded that people who have graduated from reputable law schools, who've earned excellent ratings for their ethics and legal ability through years of practice, always lunge at the chance to represent trump no matter how disgusting the current public scandal he's blistered his way into nor that he publicly humiliates them and stiffs them on legal fees. They keep showing up for him afterwards as if being publicly humiliated by someone known worldwide as an ignorant blow hard is an honor and a privilege. I just don't get why they subject themselves, their reputations, and families to such scandal and personal humiliation. Clearly something happened to their ability to make sound decisions. That conversion and its impacts would be interesting reading.
Shit draws flies, Commonsense.
Well Michael Cohen wrote a couple of books.
Trump's curent wife, who came here on a questionable "genius" visa, sponsored her parents' visas, card carrrying Communists from the former Yugoslavia. Same for his first wife.
As I said this morning, just because they may be citizens, if they were naturalized, as # 45, he planned to "denaturalize" them. In January 2018, U.S. Citizenship and Immigration Services (USCIS) stated its intention to refer approximately 1,600 additional citizens to DOJ for prosecution. In its 2019 budget request, ICE asked to review the files of 700,000 U.S. citizens. https://immpolicytracking.org/media/documents/ACLU_Fact_Sheet_on_Denaturalization.pdf
Meanwhile here in Baghdad by the Sea, perhaps tens of thousands of visas were voided. These folks had been legally admitted. USCIS removed Humanitarian Parole, complicating access for migrants from Cuba, Venezuela, Haiti, and Nicaragua. In order to come, they had to have received parole on the basis that a US citizen sponsored them.
Did you hear a violent Jan 6 rioter who assaulted a police officer was re-arrested? He was the first of the pardoned Jan. 6 Capitol attackers to be re-arrested. (Of course it’s not all over the news. We need to circulate it).
https://www.yahoo.com/news/alleged-violent-jan-6-defendant-203054448.html
I hope this is just the start of the re-arresting. People pardoned by Trump were making threats as soon as they learned they would be free. Lock 'em up!
Just waiting for the term “anchor babies” to start popping up again.
Look, I’m neutral on this issue of birthright. Why are we making such a big stink about it? First and foremost, it is an amendment. It’s not going anywhere. I don’t agree with it because it has outlived its intent. It was written to protect the enslaved from being sent to Africa. It’s being abused today for anyone who can get in before the baby pops out. And in my opinion, with all the major Trump crap issues, this shouldn’t be one. Wait till he reduces Medicare, Medicaid and Social Security. Wait till the medicines begin increasing again. Wait till he renews the 2017 tax cuts for the wealthy. Wait for every God Dam fricken move he makes to increase the billionaire wealth of his Cabinet. But come on, birthright citizenship? Choose your battles.
Hi Bill, thanks for your view. I tend to look at it as being a White Nationalist
agenda and find it offensive on every level. Yeah, we can pick battles but I
look at the moral and Constitutional standard that is set. I don’t care if people “take advantage”. Hell, I would take any of these people, including boat
refugees from Haiti, over these fascist MAGA slobs any day. They risk their life
to come here; that is the type of citizen I personally love because they will make it work for themselves and their families.
In United States v. Wong Kim Ark, the U.S. Supreme Court ruled that the 14th Amendment provides people born in the U.S. citizenship at birth, even if their parents are not U.S. citizen. This has been settled law for years. If it is abused Congress should close those loopholes. It can't be ignored. It would take an amendment to completely change it.
Roe v. Wade had been "...settled law for years." Even Trump's picks for SCOTUS said so. And then......
Admittedly there is a difference. Roe v Wade was NOT based on anything specifically written in the Constitution except pure interpretation. The 14th Amendment is absolutely in the Constitution and the Won Kim Ak decision is based specifically on the wording of that Amendment. But again, there is wiggle room for how you interpret the wording so either way the court might rule won't totally surprise be.
Actually I don't agree with your final assessment. The 14th Amendment is vague..I agree that there was a decision 127 years ago that appeared to settle the issue but as we continue to see not all SCOTUS judges agree that decisions can't be revisited, and to be fair liberal judges have done the same in the past with other issues.
Without the "comma" clause in the 14th (that reads "and subject to the jurisdiction"), it would be 100% clear. Born in the US, you would be a citizen.
But the clause is extremely vague and provides wiggle room and it is clear that the Trump administration will do all it can to get the Justices to rule that doesn't include children of two undocumented non citizens. And despite what we all might want to think, there are plenty of legal scholars who agree with them.
Ultimately this decision will rest with the courts. I hate to say this but I will not be surprised if the ultimate decision overruled this "settled law" and made children born in the US to non citizen parents non citizens. That will be a tragic decision in my opinion but it shouldn't shock us either. We know the feelings of this court and they will actually surprise me if they rule against Trump.
I agree. They will pretzel themselves to overrule the 14th Amendment. I'm not as sanguine about SCOTUS upholding it as Joyce Vance is.
I agre.
I see you commenting all over Substacks and your white male privilege shines through on every single one. I'm done with your nonsense.
It is an insult to ANY US citizen and a battle because it is simply Unconstitutional and the sitting President is sworn in to uphold it! Oh, I forgot, he really didn't sign in....
It does get abused, and that is not a good thing. But this needs to be openly and thoroughly discussed and go through the channels for an amendment, if that is so decided. It's a complex issue and can't be tossed off by one man's sharpie.
It only applies to 'certain' white people.
Who was arguing for the Trump administration if anyone?
I saw this as step one to establishing birth does not give you rights to citizenship and then step two would be applying it to people born before February 19. That would make all but one of Trump's children non citizens and he would be too if the bar is both parents must be born in the US.
I think they are safe; I believe "parents" is the word-both not being here legally.
Easy...it's payback to his large donor$$$$$
Thank you, Joyce, for this sliver of positive legal news. And, as always, you present these updates in ways that non-legal folks like me can wrap our brains around. I deeply appreciate the care you put into communicating for all of us.
Neil Cunningham, you have stated exactly what I think, in better words! Thank you! And thank you, Joyce Vance.
Go judge! And go Joyce!
Yes Neil,a thank you is in order to Joyce Vance. A positive step forward.
Make that a double! Please show me a time in political history when a dominator has not been worn down by the oppressed. We will get through this, but it will take a little backbone like our Forefathers and Foremothers took the Boston Massacre literally. Bannon, Trump and Stone planned J621, people died, and they are still at large. Biden DOJ had four years to nail them! He should have arrested and jailed them on his own Jan 20 Inauguration in 2021. But he didn't. Why?
Go Judge indeed!
Now I need someone to explain how cheeto caligula can unilaterally halt ongoing NIH medical research programs, as is happening today. Congress appropriated those funds. WTF.
He is trying to use the power of impoundment to not release funds for anything he dislikes however, he needs congress to approve it. Everyday is going to be a test of their loyalty.
Yes, this is far beyond executive authority.
Impoundment? Congress needs to approve? Interesting. I don't know how the two are entwined. I do know that their immigration bill did not include funding. Does funding need more than a simple majority?
King Donald I … the 21st Century’s answer to Mad King George. (Guess what happened to him.)
Do you mean “mad” ?
Yes, I did … and I changed it… cuz I got the nads!
That's a question I have too. Seems wrong that Trump can write an exec order undoing decisions made by Congress.
The ICA is supposed to force the executive to provide reasons for a rescission, upon which Congress has 45 days to act, and if they don't act, the funds have to go through whether executive wants or not. However, in Deferrals, if the Executive shows that he is "(2) achieving budgetary savings made possible through improved operational efficiency..." if Congress does nothing, then the funds do not have to be spent in the current fiscal year of the executive ask. Anybody want to guess why the Nazi Afrikaner and the Rabid American are in the DOGE house? If they show efficiency has saved money somewhere, then the money of the deferral can be allowed. The Big Lie Party has TWO SEAT majority and they passed the Immigration bill without funding. I believe, if I understand it correctly, that this Congress will pass tons of bills without funding, thereby by-passing Congressional debate, and allowing the executive to notice them about a deferral, and then not doing anything. Perhaps write a new bill eliminating the NIH or the DOE? No?
Dear Joyce as a child I grew up with Jim Crow, as did my parents and grandparents. We were treated like criminals and second-class citizens though we had never committed a crime in life. There were times when I despaired that the courts would every come to our defense and allow us too just live. The courts did come to our defense, and my grandmother who was born in 1893 and passed in 1986 lived long enough to experience it. I am so very pleased to see that there are judges who value the rule of law, the Constitution, and the humanity of all people whether they are citizens or not.
Welcome to my Enemies List, he smirked.
Go, Judge…and…Go, Bishop.
It’s a good start to the resistance. 🙏🏻
Thank you, Judge John Coughenour🌹👏🏻‼️
May this be the first of many…..
As a resident of Washington state, I stand proud with both Nick Brown and Judge Coughenour! We have a history here of fighting Trump's lawlessness.
We are only at Day Four of the the felon's presidency, and what a total freak show. Susie Wiles will not keep the clown car from entering; she's at the helm or at least in the back seat incapable of discerning right from wrong.
I would really love to start hearing Dems cogently and vociferously start fighting back! Pick your battles, BUT GET LOUD!
Lisa Murkowski just announced that she will NOT back Pete Hegseth for SecDef. PLEASE, take a moment and email her or phone her office at (907) 271-3735 - Alaska, or (202) 224-6665 - Washington, DC office.
These are crazy times, and it (unfortunately) takes a lot of courage to stand up to Trump and MAGA. Those who are in the GOP and are willing to stand up with integrity should be acknowledged! Thank you.
Bet she’s pissed about Trump renaming Denali when he said he would not
Plus, she has backbone
Go, Judge… indeed!!!!!!
HALLELUJAH Y’ALL!!
The judge’s decision, only four days into Trump 2.0, serves as a reminder of the woeful legal non-successes of Trump 1.0.
Democracy 1; Trump 0. LOSER! Let’s keep reminding him of that. Best way to get under his skin.
One dragon appears to be slain! Now let’s get onto a ridiculous one; renaming the Gulf of Mexico? While I realize this is minuscule compared to a Constitutional right, it is patently ridiculous and needs to be shut down now.
I'm not sure the US can unilaterally change the name of an international body of water. I know that Myramar, formerly Burma, was in limbo for a long time vis a vis the UN.
Absolutely, but the whole idea needs to be stopped. I just read that the moron told the NIH to stop their review panels on cancer research!!!! Why? What is he doing?
WELL LETS HOPE HE GETS A RAGING CASE OF IT!! THE NO CURE KIND WOULD SERVE HIM RIGHT!!!!
He's trying to find as much money as he can that hasn't been directed to his business or a billionaire-buddy's business so he can redirect it.
Bingo! Trying to find the change in the couch cushions (not Vance’s!) to pay for those tax cuts. He’ll declare a budget surplus in six months.
If he loses on the Gulf of America, he intends to rename it the Gulf of Trump! Just a rumor that started here.
SUCH AN EGOTISTICAL DUM AZZ!!
I live in FL. The roadways along the Gulf of Mexico are now known as "Gulf of Mexico" Boulevard or Drive. So now I'm curious as to whether these roadways will be obediently renamed as well?
Nope. At some point the moron will be told to sit down and shut up about this; it’s ridiculous
Count on it.
[Edit: to be clear, my comment was directed at Commonsense's remark, not Dianne's]
Not slain. They will appeal it over and over, higher and higher. It appears airtight, but there’s no guarantee what this Supreme Court will do.
The constitution is clear on this; the Supremes know this, and likely won’t even take this up.
But if you are correct, then we have definitely lost our democracy
Many people said established law about Roe and presidential immunity, and then the supremes made an ass out of U and ME.
Trump isn't ruled by knowledge (he has no knowledge of governance) but by hatred and bombasity. His attorneys are ruled by money. We need to stop looking for logic because it isn't prevalent.
Also by pettiness.
We can only hope for many more judicial victories to come 🤞
Hard to fathom that we are back in groundhog days. Thank God for the few legal guardrails 🤔