Tag

Fourteenth Amendment

All articles tagged with #fourteenth amendment

5th Circuit rules no constitutional right to clean water in Jackson lead case
usnews1 month ago

5th Circuit rules no constitutional right to clean water in Jackson lead case

A federal appeals court (the U.S. Fifth Circuit) upheld dismissal of a Jackson, Mississippi lawsuit over lead-contaminated water, ruling that the Constitution does not guarantee a right to clean drinking water or to truthful government information during a public health crisis; residents must pursue remedies through elections or petitions, while noting some states have protections for safe water beyond the federal Constitution.

Judge blocks Trump's birthright citizenship limit, upholding 14th Amendment protections
politics1 month ago

Judge blocks Trump's birthright citizenship limit, upholding 14th Amendment protections

A federal judge blocked President Trump's August executive order aimed at restricting birthright citizenship, calling it almost certainly unconstitutional and citing the Supreme Court's June ruling that blocked a broader 2025 version; the CASA Inc. plaintiff remains central to the case, with the court signaling that further rulings could favor CASA as the complaint is updated.

Judge declines fast injunction as Trump’s birthright order faces fresh legal challenge
politics1 month ago

Judge declines fast injunction as Trump’s birthright order faces fresh legal challenge

U.S. District Judge Deborah Boardman declined to grant a temporary injunction blocking Trump’s second birthright citizenship order, saying the lawsuit should proceed with a revised complaint and further briefing, as immigrant families and rights groups challenge the administration’s narrowed attempt to limit birthright citizenship under the Fourteenth Amendment.

Recasting Citizenship: Jackson’s Barbara Opinion Under Critical Scrutiny
politics2 months ago

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.

Birthright Citizenship Sparks Split in the Court's Originalist Debate
law2 months ago

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.

Gorsuch hints at potential limits of birthright citizenship in Trump order
law3 months ago

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.

SCOTUS Close to the End: Birthright Citizenship, Trans Athletes, and Campaign Spending on Deck
politics3 months ago

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.

Juneteenth’s Long Arc: Emancipation Laws That Shaped and Guard Democracy
politics3 months ago

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.

politics4 months ago

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.

Raskin labels Trump-IRS settlement a constitutional slush fund
politics4 months ago

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.

Supreme Court could redefine birthright citizenship this summer
politics6 months ago

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.

Ancestry at the Center of the Birthright Citizenship Case
politics6 months ago

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.

An old white-supremacist idea haunts Trump's birthright citizenship case
politics6 months ago

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.