Harry Litman - The Birthright Citizenship Order is Going Down

[Yo_Mama_Been_Loggin]

“It’s a new world, but it’s the same Constitution.”

Chief Justice John Roberts said that to Solicitor General D. John Sauer this morning, and it was the pivot point of the argument.

First, there already appeared to be at least five votes in favor of striking down Donald Trump’s executive order designed to deprive the children of people here illegally of the citizenship that the 14th Amendment guarantees them.

Second, as Chief Justice and what passes for the center of this Court, Roberts’s comment landed with particular thunder, potentially telegraphing not just his vote, but, quite possibly, his pen. The case is of sufficient magnitude that if the Chief is in the majority, he will likely write for the Court. Watch for that.

https://harrylitman.substack.com/p/the-birthright-citizenship-order

[Igel]

1. Oddly, I've looked at a few different sources with differing editorial bents.

Some are convinced his push is already doomed; some are convinced it's in the bag; some see a tilt, but a sharply divided court; some see a court so ambiguously decided that it could be 5-4 or 4-5.

The consistency is the uncertainty.

I listened to excerpts and thought, "If I wanted to understand both sides, I'd challenge both sides till I'm blue in the face and they're convinced I hate them. Both." But if you're convinced you're effed, you hear your side challenged and it's personal.