Tag

Fourteenth Amendment

All articles tagged with #fourteenth amendment

politics19 days ago•11 min saved

Recasting Citizenship: Jackson’s Barbara Opinion Under Critical Scrutiny

An analysis arguing that Justice Jackson’s Barbara concurrence relies on fashionable, universalist language like the 'Second Founding' and 'anticaste' framing rather than solid original-public-meaning history, and that her portrayal of Reconstruction-era citizenship oversimplifies a messier historical record; it notes Thomas’s dissent and the broader debate among originalists, warning that such rhetoric risks turning interpretive frames into law.

via Law & Liberty|

#birthright-citizenship #fourteenth-amendment #justice-clarence-thomas

politics28 days ago•1 min saved

Trump misses rehearing bid on birthright citizenship as deadline passes

Trump did not file a petition for Supreme Court rehearing on birthright citizenship before the 25-day deadline, despite his vow; the Court previously ruled the plan to limit birthright citizenship cannot move forward under the 14th Amendment, and rehearing petitions are rarely granted.

via NBC News|

#birthright-citizenship #fourteenth-amendment #politics

law1 month ago•6 min saved

Birthright Citizenship Sparks Split in the Court's Originalist Debate

The Supreme Court shows a fissure in originalist thinking over birthright citizenship: Roberts writes for the majority upholding birthright under the Fourteenth Amendment, joined by Barrett and the court's liberal justices; Justices Thomas and Alito dissent, with Gorsuch partly aligning, and Kavanaugh voting with the majority, suggesting Congress could legislate exceptions. The ruling highlights the ongoing clash between a strict originalist reading and evolving circumstances in immigration and other issues, foreshadowing further debate.

via Los Angeles Times|

#birthright-citizenship #fourteenth-amendment #immigration

law1 month ago•2 min saved

Gorsuch hints at potential limits of birthright citizenship in Trump order

Justice Neil Gorsuch wrote a brief dissent in the Supreme Court's birthright citizenship ruling, suggesting the Trump administration's order could face constitutional challenges if applied to children born to parents unlawfully present; he contrasts that with the majority's view that birthright citizenship attaches to anyone born in the United States under the Fourteenth Amendment, a point Chief Justice Roberts framed with the 'soil, not blood' principle.

via USA Today|

#birthright-citizenship #fourteenth-amendment #gorsuch

politics1 month ago•17 min saved

SCOTUS Close to the End: Birthright Citizenship, Trans Athletes, and Campaign Spending on Deck

The Supreme Court will issue its final opinions of the term, including rulings on birthright citizenship under the 14th Amendment, the legality of transgender athletes’ rights in school sports (Idaho/West Virginia bans), and campaign-spending rules that could expand party coordination with candidates, capping a two-day drama that follows yesterday’s Trump-related decisions.

via Politico|

#birthright-citizenship #campaign-spending #fourteenth-amendment

politics1 month ago•14 min saved

Supreme Court to decide birthright citizenship and the reach of presidential power

The U.S. Supreme Court is set to rule on whether birthright citizenship is guaranteed by the Fourteenth Amendment and how presidential power intersects with citizenship policy, a decision that could reshape who is automatically a citizen and influence immigration actions.

via AP News|

#birthright-citizenship #fourteenth-amendment #immigration-policy

politics2 months ago•22 min saved

Juneteenth’s Long Arc: Emancipation Laws That Shaped and Guard Democracy

Heather Cox Richardson traces Juneteenth from the 1865 Texas proclamation that enslaved people were free to the later 13th and 14th Amendments, the Black Codes, and Reconstruction, showing how federal action transformed emancipation into citizenship and voting rights and how guarding those rights requires enforceable equality—warning that contemporary forces seeking discrimination threaten the democracy Juneteenth celebrates.

via Letters from an American | Heather Cox Richardson|

#black-codes #emancipation-proclamation #fourteenth-amendment

politics3 months ago•5 min saved

Capitol Officers sue to block Trump’s $1.8B post-riot fund

Two Jan. 6 officers filed a federal lawsuit to block Trump’s plan to create a nearly $1.8 billion fund to compensate people involved in the riot, arguing the fund would violate the Fourteenth Amendment by funding insurrection and that the DOJ lacks authority to establish it. The suit also contends the officers have a personal stake due to ongoing threats and notes the fund was announced during a settlement over Trump’s tax-return leak; DOJ officials say standing will be a key issue in the case. One plaintiff, Harry Dunn, is also running for Congress in Maryland.

via Politico|

#capitol-riots #fourteenth-amendment #jan-6

politics3 months ago•2 min saved

Raskin labels Trump-IRS settlement a constitutional slush fund

Rep. Jamie Raskin, ranking member of the House Judiciary Committee, denounced a reported $1.776 billion fund intended to compensate Trump allies via an IRS settlement as a constitutional political slush fund that Congress never authorized; he argues it would pay nearly 1,600 Jan. 6 defendants and insurrectionists, potentially violating the Fourteenth Amendment, and says Democrats will sue to block the plan.

via ABC News - Breaking News, Latest News and Videos|

#constitution #fourteenth-amendment #irs-settlement

politics4 months ago•17 min saved

Supreme Court could redefine birthright citizenship this summer

The Supreme Court is expected to decide this summer whether Trump’s order to curb birthright citizenship is constitutional, challenging the conventional reading of the Fourteenth Amendment that grants citizenship to anyone born in the United States. The case could narrow who qualifies for birthright citizenship and has wide implications for immigrant families and federal immigration policy.

via AP News|

#birthright-citizenship #citizenship #fourteenth-amendment

politics5 months ago•185 min saved

Ancestry at the Center of the Birthright Citizenship Case

Nine Supreme Court justices will decide whether birthright citizenship under the Fourteenth Amendment endures after President Trump's 2025 executive order to end automatic citizenship for children born to undocumented immigrants or people in the U.S. on temporary visas; lower courts have blocked the measure. The piece also traces each justice's ancestry—from Roberts' English and Slovak roots to Sotomayor's Puerto Rican heritage and Jackson's enslaved-African lineage—showing how personal histories intersect with this defining constitutional question.

via CNN|

#ancestry #birthright-citizenship #fourteenth-amendment

politics5 months ago•41 min saved

An old white-supremacist idea haunts Trump's birthright citizenship case

Vox traces Trump’s birthright-citizenship challenge to a 19th‑century white supremacist argument popularized by lawyer Alexander Morse, who argued that citizenship should be denied to the children of foreigners transiently in the U.S. and, in practice, to Chinese Americans. Morse later abandoned the approach, and Wong Kim Ark settled the Citizenship Clause, but Trump’s brief echoes that old theory even as the constitutional text and Wong Kim Ark undermine it; the legal case against birthright citizenship remains strong.

via Vox|

#birthright-citizenship #fourteenth-amendment #immigration

politics2 years ago•0 min saved

Oregon Supreme Court Refuses to Remove Trump from Primary Ballot

The Oregon Supreme Court has declined to hear a challenge that sought to prevent Donald Trump from appearing on the 2024 Republican primary and general election ballot in Oregon, citing the Five voters' request based on section 3 of the Fourteenth Amendment to the United States Constitution. The Court stated that the Oregon Secretary of State had no authority under Oregon law to consider Trump's qualification to serve as President at the primary election stage, and the presidential primary ballots must be finalized by March 21, 2024.

via Fox 12 Oregon|

#2024-republican-primary #ballot-challenge #donald-trump

politicslaw2 years ago•3 min saved

"Supreme Court Faces Pressure as States and Scholars Weigh in on Trump's 2024 Ballot Battle"

Twenty-seven states have filed an amicus brief with the U.S. Supreme Court in support of former President Donald Trump, urging the court to keep him on the Colorado GOP presidential ballot for 2024. They argue that the Colorado Supreme Court's decision to label Trump an "insurrectionist" under the Fourteenth Amendment, which could disqualify him from holding office, could lead to national electoral chaos. The states contend that the ruling is vague, denies due process, and could undermine voters' confidence in the electoral process. The Supreme Court has issued an administrative stay and will hear arguments on the case, emphasizing the urgency of resolving the matter before the primaries and caucuses.

via Fox News|

#2024-presidential-election #colorado-ballot #donald-trump

politics3 years ago•2 min saved

Federal Courts Rule Against Unconstitutional Voting Laws in Kansas and Colorado

A federal judge has ruled that portions of a controversial Kansas election law are unconstitutional, including provisions banning out-of-state entities from mailing advance ballot applications and prohibiting the applications from containing any pre-filled information. The law also violates the First and Fourteenth Amendments, according to the ruling. The plaintiffs were VoteAmerica and Voter Participation Center, who sued because the law would have made voting by mail more difficult. Republican Secretary of State Scott Schwab and Attorney General Kris Kobach were defendants in the case and intend to appeal the ruling.

via The Topeka Capital-Journal|

#election-law #first-amendment #fourteenth-amendment