Figured this deserved its own thread.
What do we think the Supreme Court will decide on this?
I’m not sure.
I’m no legal expert, but the “BuT iT wAs OnLy InTeNdEd FoR sLaVeS!” argument doesn’t seem very credible to me, as the actual amendment says nothing about slaves and the way it is written is very broad:
https://constitution.congress.gov/constitution/amendment-14/
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
However, the main case considered to set the precedent for this is probably where Trump has a better argument: Wong Kim Ark. People that think the overturning of birthright citizenship is going to go through seem to be hanging onto the fact that Ark’s parents were “permanently domiciled,” even if not citizens.
https://supreme.justia.com/cases/federal/us/169/649/
Any predictions?