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The Stool With Three Broken Legs

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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The Losing Side Won the Afternoon

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

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

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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