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In reply to the discussion: Trump girds for battle with Democrats, Supreme Court over birthright citizenship [View all]Bluetus
(292 posts)And I am not sure the SCOTUS wants to deal with this either.
It is a case where the Constitution could not be any more clear. If you are born on US soil, you are a citizen. We can argue if this is a good policy, but there can be no doubt what the 14th means. The same can be said of the 2nd, and we saw with Heller, this Court just invented a whole new doctrine out of thin air. So they could do exactly as this article describes.
But why would they? I know that Bannon, Miller and the other pure Nazis in Trump's circle want to do this. But Trump already got what he wanted from this issue. He got elected. I don't see Trump personally being very motivated to do this, unless he sees a need to rekindle the Nazi passions. Likewise, corporations don't want this because they love using this undocumented labor. They work cheap and they are easy to bully.
My bet is that Trump will be OK with Miller and Bannon stirring up the shit, but it would not surprise me at all to see the SCOTUS punt on this one. After all, the LatinX vote HELPED the Republicans this election. Why mess with something that is working?