RetroFedAlito slams birthright decision as ‘serious mistake’
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.”
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Given that birthright citizenship has been the rule since the Civil War, is he saying that all of subsequent American history is an example of these “grotesque results”?
He doesn’t expect you to think!
My family’s been here since 1733 and never took a test. If birthright citizenship isn’t real then am I a citizen?
And if we’ve never been citizens, who do we sue to get back all the taxes we paid?
Don’t forget all of the back taxes you owe to the British crown!
Them Limeys will have to come and take them.
You think aliens (gov term) don’t pay taxes? Be it non-resident aliens, resident aliens for tax purposes, or resident aliens, we do.
No taxation without representation my ass. The US loves to tax without representation
Hell some of my ancestors have been here since before even James Town in one case but we hugged the borders of civilization through much of it so where do me and my kin fit in since records are scattered. For those curious my ancestors came over from western Ireland with a Jesuit expedition about 20 years before James Town.
This is who the pedo squad republicans nominate for scotus - people who don’t understand or respect the constitution.
It’s a feature; not a glitch
Probably.
Honestly don’t care about birth right citizenship. Tons of countries don’t have it. It made sense for north America when travel was long but now.
Funny how you went from saying it’s a bad thing to “I don’t care” after you were asked for even a shred of evidence about why it’s a bad thing.
Alito’s birth was a serious mistake.
Hmm, let’s look a the actual text of the 14th amendment:
The word “solely” doesn’t appear there once. There is absolutely nothing there that states that being a citizen of another country disqualifies you, or your kids. (If it did, it would be impossible to be naturalized as a US citizen without first renouncing your original citizenship). It’s obvious that this clause was meant to apply to diplomats and other people who get some forms of immunity from local prosecution.
What an asshat….
It’s ironic because Alitos family didn’t arrive from Italy until 1914 as well.
& us Italians weren’t even considered to be white people here until around the 1920’s
What kind of clown argues the constitution is unconstitutional
Republicans. Constantly.
4-6 members of the current supreme court. Consistently…
The 14th Amendment was adopted in 1868. Its primary purpose was to secure rights for formerly enslaved people, establishing birthright citizenship, barring states from denying “equal protection of the laws,” and ensuring “due process” for all individuals. Slaves were freed in 1865. Wonder how and when the former slaves became obligated to owe allegiance to the US after it had them enslaved for half their life.
Not to mention, that would mean that citizenship wouldn’t be granted to kids who have at least one parent with dual citizenship. As those kids could potentially be under the jurisdiction of the other country.
His reasoning in his dissent doesn’t hold up to even basic scrutiny.
The Nazis had the same way of looking at ancestry for determining whether someone was Jewish.
Nobody has ever accused Alito of having logically coherent views.
The jurisdiction clause was also there so native Americans on reservations didn’t get citizenship.
Like some kind of… Citizen?
Citizens don’t owe allegiance to a state.
Well, you actually do renounce any prior citizenships during the naturalization process.
Do you have a source for that? The US State Department website says you don’t.
The oath of alliegance (I can’t do fancy links on mobile easily: https://www.uscis.gov/citizenship/learn-about-citizenship/the-naturalization-interview-and-test/naturalization-oath-of-allegiance-to-the-united-states-of-america) you have to take as part of the naturalization process includes a renunciation clause. The link you have only talks about being a dual citizen through birth or gaining another citizenship while being a US citizen, not naturalizing while a citizen of elsewhere.
That oath doesn’t mean anything unless the other country recognizes it means something.
Here’s a link to a legal firm that claims that Canada just ignores that oath, and a Canadian who becomes an American citizen doesn’t lose their Canadian citizenship. On the other hand, the Germans apparently care, and revoke your German citizenship once you get naturalized in the US, all because of the oat h
https://www.uscitizenship.info/us-citizenship/give-up-previous-citizenship-after-becoming-us-citizen/
Not for the U.S.
You have to do it if the other country doesn’t allow dual citizenship and has diplomatic relations with the U.S. to the point where the U.S. enforces it.
He’s a serious mistake.
Given this ruling, if there are future considerations by Court I’m sure he’ll now recuse himself /s
The next challenge (edit: to the 14th amendment) will be shaped by this very dissent. That’s why Alito wrote it.
It already is. Trump’s lackeys already went waving paper to Congress to get them to figure out legal wording to bypass the 14th without another Amendment. I expect we’ll see that sometime around November or December.
“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.
He’s such a joke. If the results will be disastrous in the future, we would have seen that over the last century. And he knows this, which just shows that he doesn’t give a fuck about reality or facts.
Alito is a disgrace. I hope he’s removed from power soon
Removing him would give the jackass the opportunity to appoint a new ACB or Boofer Cavenaugh.
Both of whom, btw, voted that the 14th amendment was constitutional.
A Dem nomination would be better.
I mean, a nomination made by a preschooler would be better. The bar’s in hell.
I would hope, perhaps foolishly, that those appointments would not be confirmed.
Under this Senate? Ha!
A long-term chronic illness that meant he had to take extended absences, but would refuse to resign and would linger on until there’s a non-MAGAt in the White House, that’d be just about ideal.
better the devil you know than some other psychopath
Let me know when somebody “slams” alito into a fucking curb.
Every new breath Alito takes is a fucking mistake
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.
It’s been in effect for over 200 years, but now it’s a problem. Fuck this guy.
I think I know what the real problem is.
Bah! What are the Supreme Court Justices doing, relying on this pesky thing called ‘precedent’? They’re supposed to be making up justifications as they see fit, based on who invited them to their yacht or resort retreat!
Yeah, that’s what they’re doing.
Eat shit and die!
Alito himself is a serious Baby Bush era mistake that has inflicted his toxicity on the US public for a couple of decades now
The Constitution is
LAW!a MISTAKE!-Republicans (UNLESS it’s After a Bunch of Kindergarteners get MOWED DOWN by a Gunman!)
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”.
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.
On the other hand, many people now know that Alito was a mistake.
Alito is insane.
…ly stupid.
Literal traitor says what?
Can’t wait to read this fascist scumbag’s obituary.
Alito’s being on the bench is a serious mistake.
Pontificate on a pike, Sam.
Alito can suck a dick
probably not very well though
He does look like the kind of asshole who would use way too much teeth and then complain his mouth hurts 40 seconds in
Aw poor baby’s mouf hurts? Better use that throat then.
@Sunflier@lemmy.world I was thinking the same exact thing. If someone is in the country and not under the jurisdiction of said country they would have complete immunity in my humble opinion.
Guy is an idiot among other unflattering things.
Nolito!
The only people coming to the US now are the truly desperate refugees that couldn’t afford to go anywhere better.
They are seriously terrified of “white replacement theory.”
The heritage foundation has poisoned all three branches of our government. It’s disgusting.
How does one prove that at least one of their parents is a citizen, considering that they also would need to prove that at least one of their parents is a citizen.
Also if this ruling went the other way we’d have millions of suddenly stateless Americans, more than the current count (Dreamers et. al)
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.
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.
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.
I will agree with that.
And regulating its operations, which Congress has the power to do, but never has. It can also restrict the subjects that the Supremes can rule on. That power has never been exercised either. The court under Marshall (the old one, not Thurgood of blessed memory) did a massive power grab and noobdy seems to have minded all that much.
No fences, no borders, free movement for all.
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.
There is no such thing as a free market.
Sure but as an economic concept, it’s still an abstract idea that can be understood
Alito? That dont sound like a ‘merican name. Deport his foreigner ass.
The decision has been made so shut up about it and respect the courts decision, crybaby bitch Alito.
He could always go sulk for a couple more years, then resign.