General Discussion

Ms. Toad

(37,336 posts)

46. Extremely unlikely.

Fri Jun 27, 2025, 05:52 PM

Jun 27

The executive order was very carefully crafted by someone other than Trump with enough knowledge of the intricacies of constitutional law to be narrow enough they believed it had a chance to survive judicial scrutiny. Every single court that has reviewed the question of injunction (which inherently involves the question of success on the merits) has issued the injunction because even the narrowly drafted EO was unlikely to be constitutional.)

They won't issue a broader order - probably not even after this one goes through the courts. First, property rights are legally far harder to remove once granted than they are never to give in the first place. That is the reason for the starting date 30 days after the executive order took place. They aren't taking rights from anyone, they simply aren't granting them to new people.

Not to mention that trying to pick a starting date for the change in interpretation of who is a citizen, if it isn't a starting date in the future, is ridiculously complicated. The only two logical points would be those born in America to the people who originally lived here, or people born in America after the amendment was adopted. Either one, as the furor today suggests, would leave virtually no birthright citizens.

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Yes, they did rule on Birtright Citizenship [View all] edhopper Jun 27 OP

They are going to build gulags by the dozens. rubbersole Jun 27 #1

The Court gave 30 days to seek relief in other jurisdictions Sympthsical Jun 27 #2

And a Constitutional Right edhopper Jun 27 #4

Exactly-- it's fucking disgraceful, disgusting, depressiing, evil, etc LymphocyteLover Jun 27 #23

Potentially, that sets up an internal migration wave NickB79 Jun 27 #48

I think people misunderstand the executive order Sympthsical Jun 27 #57

I was thinking more along the lines of parents moving to protect their children NickB79 Jun 28 #60

Oh sure, absolutely Sympthsical Jun 28 #61

it's bullshit though!!! LymphocyteLover Jun 27 #54

There's one positive angle, though. It discourages forum-shopping for judges like Kacsmaryk Ocelot II Jun 27 #3

Only if you apply logic and precedent newdeal2 Jun 27 #5

You know way more about legal stuff than I so I defer to your wisdom as always, but I have to wonder AZJonnie Jun 27 #6

Thats correct, anytime theres a dispute between rulings, Volaris Jun 27 #7

Thomas has already said he wants to do that. Ocelot II Jun 27 #8

Oh, well see Loving is different. The principal is the same yes, Volaris Jun 27 #26

IANAL, but does this apply retroactively to other nationwide injunctions Arazi Jun 27 #18

This means Trump has an even tighter grip on John Roberts Attilatheblond Jun 27 #9

Eek! Wonder how this will apply to adoptions? Arazi Jun 27 #19

As things are going at present, have to consider it will be wielded like a weapon Attilatheblond Jun 27 #27

He adopted a boy and a girl Celerity Jun 27 #20

Irish woman adopeted the kids, as required by Irish law at the time. Then she took them to South American country Attilatheblond Jun 27 #28

District courts can still pass lkmited injunctions for specific cases. SSJVegeta Jun 27 #10

Constitutional rights edhopper Jun 27 #11

Well, they're more like regional privileges now 0rganism Jun 27 #12

Ya.. SSJVegeta Jun 27 #13

Ya SSJVegeta Jun 27 #14

It is a stunning new power they gave to Trump now Johnny2X2X Jun 27 #15

Thinking it's time to park the smart phone and only carry a dumb phone if necessary Attilatheblond Jun 27 #29

NO. Read the executive order. Ms. Toad Jun 27 #33

I think the six conservatives mountain grammy Jun 27 #16

I expect red states like mine will take every inch of this rope 2 Meow Momma Jun 27 #17

You are right in your thinking. edhopper Jun 27 #21

You aren't wrong JustAnotherGen Jun 27 #25

My parents immigrated to the U.S. in 1949 Wicked Blue Jun 27 #22

were they undocumented or have temporary VISA status when you were born? LymphocyteLover Jun 27 #24

This will not impact your son. Ms. Toad Jun 27 #32

No, they were legal, but with this evil crew in charge Wicked Blue Jun 27 #38

yes, that is my great fear LymphocyteLover Jun 27 #52

No. Not unless you were born February 19 or later this year - Ms. Toad Jun 27 #31

No. They did not. Ms. Toad Jun 27 #30

You are naive to think so edhopper Jun 27 #34

That had nothing to do with the executive order on birthright citizenship, or the court's decision. Ms. Toad Jun 27 #35

My claim is that edhopper Jun 27 #36

Wrong. Ms. Toad Jun 27 #40

They said going forward edhopper Jun 27 #41

Correct. Which is why it makes it much harder and expensive to fight him going forward. Ms. Toad Jun 27 #43

Because after this ruling edhopper Jun 27 #44

Extremely unlikely. Ms. Toad Jun 27 #46

Like anybody ICE deems illegal edhopper Jun 27 #47

That's not careful legal strategy from the Project 25 folks. Ms. Toad Jun 27 #51

Doesn't matter does it edhopper Jun 27 #53

It may well be - or at least the birthright citizenship narrowly interpreted. Ms. Toad Jun 27 #56

I am sorry edhopper Jun 27 #49

I don't believe you've heard anything unrealistic about what he or the courts would do from me. Ms. Toad Jun 27 #55

No, not from you edhopper Jun 27 #58

Ms Toad, you clearly are unaware that the role of the judiciary Seeking Serenity Jun 27 #39

Thanks OC375 Jun 27 #59

A couple of Class Action lawsuits have already been filed to get around this ruling LetMyPeopleVote Jun 27 #37

SCOTUS still has to rule on these edhopper Jun 27 #42

And how far back do you have to go? Bettie Jun 27 #45

Playing the long game, going beyond the foreseeable future... Efilroft Sul Jun 27 #50

They didn't specifically answer the underlying question - birthright citizenship karynnj Jun 28 #62