Jackson criticized her fellow justice’s “ahistorical” interpretation of the 14th Amendment.

Echoing the Trump administration’s sentiments, Thomas argued in his dissent that the 14th Amendment “was designed and understood to secure equal rights for the freed blacks but has instead been repurposed for political projects that the Reconstruction Congress did not support.”

Thomas also argued that the Civil Rights Act, which became the foundation for the 14th Amendment, had ensured citizenship to people born in the U.S. and “not subject to any foreign power.”

“The Citizenship Clause [of the 14th Amendment], which the same Congress passed shortly after the Civil Rights Act, was understood to have the same meaning,” Thomas wrote. “It guaranteed citizenship to persons who were both ‘born . . . in the United States’ and ‘subject to the jurisdiction thereof.’”

Jackson called this “ahistorical,” denying that the “text at issue conferred citizenship only on freed Blacks and those in analogous situations.”

Jackson also blamed the Trump administration and Thomas for repurposing the amendment, adding that the Civil Rights Act initially only included Black people but was later expanded to include people of all ethnic backgrounds.

    • starman2112@sh.itjust.works
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      1 day ago

      For now. We’ve established that SC Justices are allowed to make decisions totally disregarding the text of the constitution. It’s only a matter of time before Mississippi decides to send catholics to prison, and some future SC decides that that’s fine because the founding fathers would have wanted everyone to be evangelical.

    • EightBitBlood@lemmy.world
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      2 days ago

      Bro. I’m fucking DYING at this. Gonna rewatch the MLK episode of Boondocks and shit my pants laughing at uncle SCOTUS.

    • CADmonkey@lemmy.world
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      The issue is, while you and I would spend money on a lawyer to attempt to get a favorable outcome in court, someone with a lot of money will spend it on a motorhome for the judge deciding the case.

    • Tyrq@lemmy.dbzer0.com
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      Epstein class and nazi bribery. Can’t you see the cuckoldry in his eyes, they grabbed em by the greed. What’s he gonna do now, give up his ill gotten gains and admit he’s a sockpuppet proxy for evil assholes.

      • P1k1e@lemmy.world
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        2 days ago

        Never known a sellout to change their ways. It’s just one of those lines you cross and never see again

  • gedaliyah@lemmy.worldM
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    I didn’t realize that there was no constitutional right to birthright citizenship before the Civil War. TIL

    Apparently, every state had its own laws and standards about who was a citizen, although there were a few congressional acts that established a basic framework.

    It seems wild to me that we started a whole country and we didn’t even figure out who was a member of it.

    • VindictiveJudge@lemmy.world
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      Keep in mind that the US was originally structured more like the EU. We spent about a century slowly shifting from a collection of nation states in an alliance to one big nation state.

    • ayyy@sh.itjust.works
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      Well it used to be much harder to have identifying documents. So if you were in the country, you were part of the country.

      • BarneyPiccolo@lemmy.today
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        That’s why there was so much emphasis on Landowners. Owning land required some form of government documentation, like a Deed. Beyond that, there were no Drivers Licenses, Social Security Cards, Student IDs, Work IDs, etc.

      • vaultdweller013@sh.itjust.works
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        Hey now sometimes you need to filter for the right immigrants, like can you imagine the absolute chaos that a Brandenburger could cause.

        I don’t know the point of this joke, just kinda felt like bashing the Prussians.

      • gedaliyah@lemmy.worldM
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        “We” is used in a lot of ways. We, as a nation; we, as a civilization; we, as a species. The Royal “we.”

        Weird of you to assume I meant “we as a race.” I’m not even white.

        • 0xDREADBEEF@lemmy.dbzer0.com
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          2 days ago

          Are Native Americans included in your ‘we’? Are Black Americans included in your ‘we’? Are Mexican Americans included in your ‘we’? Who is the ‘we’ in ‘we started a whole country and we didn’t even figure out who was a member of it’

          Here’s how I would phrase it: I think the Europeans who wrote the constitution and declaration of independence are idiots and shouldn’t be making nations, because they can’t seem to figure their shit out.

          See the difference?

          • dogslayeggs@lemmy.world
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            The difference between what you are saying and what the other person is saying is that you take no responsibility for anything, saying everything bad is because of someone else. The other person is including themselves, even though they never voted on shit 200 years ago, as part of the problem. You’re like one of those people who complain about who is President and what stupid things Congress is doing… but you were too lazy or too apathetic to actually vote.

            By your idiotic definition, nobody alive today is “we.”

    • Mirshe@lemmy.world
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      American law continues to be built on “oh we forgot to make that a law” and “oh we didn’t think that would matter”.

    • P1k1e@lemmy.world
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      The funny thing is, given the aims he’s working towards, that’s basically where it’s all going anyway

  • ignirtoq@feddit.online
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    After attending the Supreme Court hearing earlier this year, Trump falsely claimed in a Truth Social post that the U.S. is “the only Country in the World STUPID enough to allow ‘Birthright’ Citizenship!”

    This is such a stupid and easily disproved take. I’ve had relatives claim to me that the US is the only country with birthright citizenship. It’s very common in the Americas.

    And even if it wasn’t, and the US was the only country with birthright citizenship, isn’t that our choice as a nation? Do we have to do what other countries do? If we’re going to do that, can we start with universal healthcare and then revisit birthright citizenship after, say, better protections for unions, guaranteed parental leave, guaranteed vacation time, unlimited sick time, higher taxes on the wealthy, abolition of at-will employment, and about 100 other policies the US is the only wealthy nation either not to have or to have a legal framework against?

    • Auli@lemmy.ca
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      Birthright doesn’t make sense anymore. It did when traveling was a long process but now that you can fly around the world drop a baby and be back home the next day. It doesn’t make sense. My country has a issue with baby vacations.

      • dreamkeeper@literature.cafe
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        None of you weirdo ethnonationalists have ever proven that anchor babies are a real issue that actually impact the economy at scale.

        It’s just another emotion-driven feint to drive attention away from the robber barons.

      • BradleyUffner@lemmy.world
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        2 days ago

        What’s the issue exactly? Countries are freaking out over their decreasing birth rates. Allowing more children to be born here with citizenship seems like a great solution to that.

    • Kirp123@lemmy.world
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      There are 35 countries that provide citizenship unconditionally to anyone born within their national borders.

  • QuantumSpecter@lemmy.world
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    2 days ago

    Justice Thomas is evil he had his newphew falsely imprisoned at hidden lake academy one of troubled teen programs and this one of old school programs based on synanon methods. bbc link

    • corsicanguppy@lemmy.ca
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      Justice Thomas is evil he had his newphew falsely imprisoned at hidden lake academy one of troubled teen programs and this one of old school programs based on synanon methods.

      Is that one long sentence, or is that a few sentences with no pause in-between?