The case will be argued April 1st….
Even Trump believes his try IS a Long Shot and he’s already throwing punches at the court…
The arguments will allow the experts to predict where the court will go with it’s decision by the summer
Trump’s case seems to be based on a 1896 “separate but equal” doctrine that supported racist ‘Jim Crow’ Laws…
The case also would apply to hundreds of thousands people who ARE American citizen’s by birth today….
The 14th Amendment …Wiki….
Over a century ago, Morse was among a trio of thinkers who spearheaded a failed effort — steeped in anti-Black and anti-Chinese racism — to erase birthright citizenship. The Trump administration is reviving their arguments to make its case today, some legal scholars say.
The administration is citing arguments “built on a racist foundation,” Justin Sadowsky, an attorney for the Chinese American Legal Defense Alliance (CALDA), wrote in a friend-of-the-court brief.
Lucy Salyer, a University of New Hampshire history professor who has written on Morse and others, said she was struck that the Trump administration had chosen to elevate those figures and their ideas: “If you know the history and the broader context of what they were trying to achieve, it does ring alarm bells.”
The case, which could redefine who is considered an American, centers on the Citizenship Clause of the 14th Amendment, which grants citizenship to “All persons born or naturalized in the United States, and subject to the jurisdiction thereof.”
When asked for comment about relying on Morse and his compatriots, the Trump administration pointed to a brief in which it wrote “this Court has repeatedly cited their work in other contexts.” Some legal scholars also argued their stance on birthright citizenship was shared by a number of prominent politicians who did not have racist views.
The Trump administration argues the 14th Amendment does not apply to people in the country illegally or on temporary visas. If the high court agrees, and reverses the long-held interpretation, it could render hundreds of thousands of children born to immigrant parents stateless.
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The 14th Amendment was ratified after the Civil War to ensure that the formerly enslaved and their children could become citizens. The amendment overturned the Supreme Court’s infamous Dred Scott decision that denied citizenship to Black people.
Trump administration attorneys cite Morse in their Supreme Court brief to argue the disputed idea that commentators in the 19th century widely agreed that the Constitution “exclude[s] the children of foreigners transiently within the United States” from qualifying for citizenship.
In addition to opposing birthright citizenship, Morse also advocated for limiting the other reconstruction amendments that abolished slavery and guaranteed Black people the right to vote.
The campaign against birthright citizenship also relied on rising anti-migrant feelings. The push backfired in 1898 when the Supreme Court ruled in United States v. Wong Kim Ark that a man born to Chinese immigrants in San Francisco was a U.S. citizen, enshrining birthright citizenship as the law of the land….
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On the first day of his second term, Trump instructed government agencies to stop issuing citizenship documentation to children if neither parent is a U.S. citizen or the mother is on a “lawful but temporary” visa to study, work or visit. The controversial policy is one of the central pieces of Trump’s anti-immigration agenda….
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The Supreme Court has consolidated the cases brought by the states and the individuals represented by the ACLU. A decision is expected by the summer and many legal experts think the Trump administration faces an uphill fight to win the case….
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