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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 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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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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Supreme Court Checks Trump’s National Guard Deployment — For Now

- by Michael Phillips - Leave a Comment

The Supreme Court’s emergency ruling in Trump v. Illinois blocks — for now — the federalization of National Guard troops for immigration enforcement, exposing deep divisions over executive power, domestic military use, and how far a president can go without invoking the Insurrection Act.

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