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Dead Reckoning: After Barbara, Trump Charts a Narrower Course on Citizenship

- by Michael Phillips - Leave a Comment

President Trump signed two executive orders targeting commercial birth tourism and tightening citizenship eligibility for children of foreign enemies. This move follows a recent Supreme Court ruling asserting that children born in the U.S. are automatically citizens, despite their parents’ immigration status. The orders aim to enforce existing regulations with more rigor.

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The Stool With Three Broken Legs

- by Michael Phillips - Leave a Comment

The Supreme Court recently ruled that political parties can spend unlimited amounts on campaign activities in coordination with candidates, overruling a 25-year precedent. This decision, driven by a majority opinion from Justice Kavanaugh, emphasized that existing regulations already mitigate corruption risks, effectively altering the electoral landscape just months before midterm elections.

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2 - Analysis / Constitutional Law / Constitutional Rights / Dead Reckoning / Government / Immigration / Politics / Politics / Supreme Court / Supreme Court

The Losing Side Won the Afternoon

- by Michael Phillips - Leave a Comment

Following the Supreme Court’s ruling against Trump’s birthright citizenship executive order, the Republican response was swift and multifaceted. Within hours, actions included a DOJ memo prioritizing prosecutions and multiple proposed bills targeting birth tourism. This rapid shift indicates a strong institutional stance among Republicans, even as public support for birthright citizenship remains high.

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2 - Analysis / Constitutional Law / Constitutional Rights / Dead Reckoning / Judicial / Politics / Politics / Supreme Court / Supreme Court

The Court Keeps Choosing the Same Referee

- by Michael Phillips - Leave a Comment

The Supreme Court’s recent rulings reflect a trend of deference to political branches over judicial scrutiny. In cases involving federal agency independence and transgender athletes in sports, the Court prioritized legislative judgment over judicial fact-finding. This selective application of judicial restraint raises concerns about consistency in adjudicating contested factual questions across different contexts.

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2 - Analysis / Constitutional Law / Constitutional Rights / Dead Reckoning / Government / Immigration / Politics / Politics / Supreme Court / Supreme Court

Five Theories, One Bench: What the Birthright Citizenship Fracture Actually Tells Us

- by Michael Phillips - Leave a Comment

The Supreme Court’s decision in Trump v. Barbara highlights divisions within the conservative justices, as they present differing theories on citizenship under the Fourteenth Amendment. The case reveals that originalism, intended to limit judicial interpretation, instead generated multiple conflicting views, indicating a fundamental disagreement on constitutional meaning among the dissenters.

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They Built the Cage, Then Complained When Someone Else Got the Key

- by Michael Phillips - Leave a Comment

The Supreme Court’s recent ruling allows Donald Trump to dismiss independent agency commissioners at will, overturning a 90-year precedent. This shift exposes the political nature of such agencies, historically insulated to advance particular agendas. The decision reinforces presidential accountability, increasing the political stakes in agency actions and prioritizing electoral responsibility.

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The Complaint That Changed Everything — And What We Now Know About How It Was Built

- by Michael Phillips - Leave a Comment

The release of documents by Tulsi Gabbard reveals procedural failures and undisclosed conflicts of interest in the impeachment process of Donald Trump stemming from a whistleblower complaint. Despite not proving a coordinated conspiracy, the evidence highlights serious issues in how the complaint was handled, complicating narratives on both sides of the political divide.

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Constitutional Law / Constitutional Rights / Free Speech / Freedom of the Press / Government / Judicial / Law and Order / Law Enforcement / Laws / Religious Freedom / Rights and Freedoms

Was the Arrest of Don Lemon an Attack on the Constitution?

- by Michael Phillips - Leave a Comment

The arrest of journalist Don Lemon has sparked claims of First Amendment violations from Democratic officials. However, federal authorities clarified that the arrests were tied to alleged criminal conduct related to the targeting of a church, not journalism. The First Amendment protects speech but does not exempt individuals from investigation for non-speech conduct.

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Constitutional Law / Executive Power & Civil Liberties / Government / Judicial / Laws / Supreme Court / Supreme Court

Supreme Court Declines to Hear Major Gun Rights Cases, Leaving State Restrictions Intact

- by Michael Phillips - Leave a Comment

The Supreme Court has declined to hear multiple significant Second Amendment cases, maintaining diverse state gun regulations and leaving gun-rights advocates dissatisfied. This inaction permits legal disparities and delayed clarity regarding firearm policies while emphasizing a cautious judicial approach. Future Second Amendment cases may eventually return to the Court for review.

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Legal Risk Explainer: Federal Preemption and Funding Exposure in Local ICE Restrictions

- by Michael Phillips - Leave a Comment

Local governments, like Montgomery County, face legal risks when restricting cooperation with federal immigration enforcement, particularly regarding federal preemption and funding exposure. While they can non-cooperate, crossing into obstruction invites lawsuits and potential funding cuts. This situation underscores a national trend, affecting local jurisdictions’ autonomy and creating varied immigration enforcement across the country.

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