The Trump administration has sought to restrict citizenship to children with at least one parent with citizenship or permanent legal status.

Alito warned in his dissent the ruling could have “grotesque results,” including an encouragement of “birth tourism,” and national security ramifications.

“If the Fourteenth Amendment required these results, the country would have to live with them or amend the Constitution,” he wrote. “But the Fourteenth Amendment does not include the rule the Court now imposes on the country.

“In my judgment, the Court has made a mistake that will seriously affect the country’s future,” he continued.

Alito accused the majority opinion of relying “on precedent that glosses the text” of the 14th Amendment’s citizenship clause and that their argument “fails on textualist grounds.”

The conservative justice specifically pointed to the 14th Amendment’s reference to a person who is “subject to the jurisdiction of,” arguing that the court’s majority failed to consider issues of dual citizenship.

For that last bit related to being “subject to the jurisdiction of," is he suggesting that foreigners aren’t subject to criminal prosecutions? Like, if some gal who is foreign and lacks citizenship/greencard/visa/foreign service/etc. snuck in and randomly shoots someone, they’d not be subject to US prosecution? What if they’re also apprehended with a ton of Schedule 1 narcotics? We supposed to be like “Ope! She’s not subject to US jurisdiction. So, we better send her home with a stern finger wagging.”

  • kreskin@lemmy.world
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    2 days ago

    The decision has been made so shut up about it and respect the courts decision, crybaby bitch Alito.

  • OhStopYellingAtMe@lemmy.world
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    3 days ago

    They are seriously terrified of “white replacement theory.”
    The heritage foundation has poisoned all three branches of our government. It’s disgusting.

    • CultLeader4Hire@lemmy.world
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      3 days ago

      It’s funny too because this mentality is both moral and good for business. Capitalism thrives when people are free to come and go and buy as they please but the US isn’t actually a capitalist society, there is no free market. Borders are antithetical to free markets.

  • Uranus_Hz@lemmy.zip
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    4 days ago

    The US Supreme Court was tasked with determining if the US Constitution was constitutional. And three of the justices failed at this very basic task.

  • qarbone@lemmy.world
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    4 days ago

    The only people coming to the US now are the truly desperate refugees that couldn’t afford to go anywhere better.

  • BigMacHole@thelemmy.club
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    4 days ago

    The Constitution is LAW! a MISTAKE!

    -Republicans (UNLESS it’s After a Bunch of Kindergarteners get MOWED DOWN by a Gunman!)

    • sin_free_for_00_days@sopuli.xyz
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      4 days ago

      One of the court reporting people on NPR said something like “This is a perfect case where all they had to do was point at the Constitution and not take up the case”.

  • Gates9@sh.itjust.works
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    4 days ago

    The text of the amendment could not be more clear. Alito is really a traitorous prick. Frankly, I’m sympathetic to the idea that the Supreme Court should be disbanded altogether. We have a representative legislature, we don’t need these fuckers.

    • GoofSchmoofer@lemmy.world
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      4 days ago

      Naw we really do need the court but there needs to be some big changes to it like expanding the size and putting in 18 - 25 year term limits.

      • captainlezbian@lemmy.world
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        3 days ago

        I’m firmly of the opinion that all 4 justices who argued against the 14th amendment need to be impeached and removed from office for violation of their oath to the constitution.

  • laranis@lemmy.zip
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    4 days ago

    “Birth tourism” - Moot point. They’re solving that by making the country so shitty in every way that no one wants to be US citizens.

  • CharlesDarwin@lemmy.world
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    4 days ago

    This asshole is such a broken individual. He should be impeached. The fact that he has so much influence over millions says a lot about our system.