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MB's avatar

You really have a gift for conveying this material clearly and concisely to a broad audience. Thank you for all you do to highlight critical civil rights issues and educate the public. NYS is fortunate to have fighters like you!

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Attorney Bobbie Anne Cox's avatar

Thank you! I appreciate that. :-)

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Tammie's avatar

The decision on immigration. This decision is the correct decision. The constitution does not grant any illegal immigrant or even a refugee the right to citizenship. A child born here has to have at least one natural born citizen as a parent, or a naturalized citizen. Two similar words, two different meanings. Natural vs naturalization. The fact that an immigrant can come here and ask to become a citizen is the correct way of doing things. This allows the immigrant to become a naturalized citizen provided They take the history lessons and the oath to follow the constitution. But and that’s a big but. If a naturalized citizen is found to be guilty with due process, and this is the only time due process comes into play, if a naturalized citizen is found guilty of treason and or a serious crime they can be deported. As the oath that they take is to be a good law abiding citizen. Their natural born child can stay or go with them

As for illegals any child born here to a person that’s here illegally IS NOT GRANTED citizenship because the child was born here illegally. As I said Refugees are not citizens but temporary visitors unless they seek naturalization.

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Armani's avatar

Would’ve liked Bobbie interpretation of Judge Amy Barrett’s response to Judge Ketanji Brown’s dissent🧠

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Attorney Bobbie Anne Cox's avatar

I think Barrett was correct in her shock at how brazenly unconstitutional and lacking legal logic Jackson's dissent was.

During my interview I did say Barrett made it clear that just because the Exec branch might be overstepping, doesn't mean the judiciary can...

“We observe only this: Justice Jackson decries an imperial Executive while embracing an imperial Judiciary.”

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Jason Brain's avatar

Me too.

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Paul Brett's avatar

The leftist lower court rebel judges, that trying to block The President’s Executive Orders, by ways and means they have No Power to do, are being put back in their place, for overstepping their legal boundaries, just to be typical political imbeciles. The Supreme Court is going to have to step in more and more, to Uphold the Law of the Land for exactly what it is. So that the President can move forward “within the Law” unhindered, and get the job done that he was elected for, without time wasting interference from the lower courts, who’s ambition is to sabotage The President & the Country. This is exactly the Swamp’s Tactics that needs to be drained once & for all!

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OnTheJump's avatar

Great info, thanks for sharing!

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JWM_IN_VA's avatar

Does this mean that SCOTUS will need to start reviewing cases again then instead of passing on them all the time?

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Attorney Bobbie Anne Cox's avatar

No, the premise is the same... SCOTUS does not hear all cases. They still have the ability to pick and choose which ones they adjudicate.

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JWM_IN_VA's avatar

Darn, I thought that might apply some pressure on them as a group to stop passing on controversial cases. I guess not.

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Ted's avatar

The subject will make its way back to SCOTUS and one may be surprised that the Trump EO is a lot stronger legally and constitutionally than many give it credit for. Ultimately it will come down to what the court believes the passage subject to the jurisdiction thereof means and if they look at the actions of the 1868 Congress who wrote the Amendment it pretty clear that passage doesn't only apply to the children of foreign diplomats. This is evident for when the 14th Amendment was ratified Native Americans weren't included due to Congress deeming them subject to tribal jurisdiction, so in that omission Congress made it clear they believed that passage meant full and complete jurisdiction of the United States. They also made it clear that passage applied to more than just foreign diplomats.

The problem for opponents of the executive order is that it's arguable that temporary visas holders and illegal aliens aren't subject to the full jurisdiction of the United States an example of this is that the US couldn't pluck illegal aliens and temporary visas holders off the street and conscript them for induction into the US Armed Forces.

Additionally, a previous SCOTUS majority opinion could factor large in present day proceedings, in 1875 SCOTUS case the Chief Justice wrote Under the common law, according to the court, "it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners." That case was a mere 7 years after the 14th was ratified so the court was clearly well versed with the 14th, and the chief justice wrote aliens weren't Natural Born Citizens. Additionally in 2008 Congress issue Resolution 511 whereby they declared Natural Born Citizens are the children of US citizens.

It's anyone's guess what the court will decide but the executive order is stronger than many have said.

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Jason Brain's avatar

Thanks for the breakdown Don and Bobbie! And here's to a SCOTUS summer break...

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