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In reply to the discussion: Yes, they did rule on Birtright Citizenship [View all]Ms. Toad
(37,304 posts)The lower and intermediate courts are the only branch of government holding him in check at all - and they can't do the job alone. And the legal process is, by design, a slow deliberative process.
The media, big law firms, educational institutions, and Congress are failing in their jobs. The only thing that has surprised me are a (1) few Supreme Court decisions that went the right way, and a couple of times Roberts has spoken both in opinions and in public on matters which weren't directly before him - such as a right to due process before deportation and (2) how quickly media, big law firms, and many institutions caved.
And I think if you go back 8 years when people were predicting that someone would limit what he could do that I was one of the realists who kept saying things like, "He's president. He doesn't have keepers who will protect us."
And my prediction on this matter isn't optimism. I don't have a lot of optimism for how the Supreme Court will ultimately decide the birthright question - they may well adopt his interpretation. The care with which it was crafted the Executive Orer actually makes me more pessimistic about the ultimate outcome. The people who crafted it know how the Supreme Court works. It isn't a negotiation, like the things Trump claims to be a genius at. You don't go in asking for the sun and hoping to settle for the moon. You make your best case and then you win or lose. Part of making your best case is asking for just enough, without asking for too much. That's what they did here.
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