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If Trump gets to appoint more justices, birthright citizenship WILL be gone (Original Post) dalton99a Jun 30 OP
Depends on which justice ITAL Jun 30 #1
Alito just announced his retirement . Nt Fiendish Thingy Jun 30 #5
NPR retracted the story. Ocelot II Jun 30 #7
Unusual mistake for them Fiendish Thingy Jun 30 #8
Exactly Takket Jun 30 #12
But again, their replacements won't matter Fiendish Thingy Jun 30 #17
Who in the next two years? Melon Jun 30 #2
Only Boo1 Jun 30 #3
It wouldn't be "better" if the replacement is considerably younger Totally Tunsie Jun 30 #18
Younger Boo1 Jun 30 #20
Replacing Alito won't change the math on birthright citizenship Fiendish Thingy Jun 30 #4
Um, No. Wiz Imp Jun 30 #6
John Roberts is 71 standingtall Jun 30 #10
+1. It is utterly delusional to think birthright citizenship is safe dalton99a Jun 30 #11
Two of Trump's appointee's voted in favor of birthright citizenship Kaleva Jun 30 #14
No actually only one standingtall Jun 30 #19
Alito is not retiring him stepping down wont change the math on birthright citizenship standingtall Jun 30 #9
That's one of our anxieties 31j20b3 Jun 30 #13
How do we hedge against that? Kaleva Jun 30 #15
we need to move US citizens against such opportunism by Trump 31j20b3 Jun 30 #16

ITAL

(1,461 posts)
1. Depends on which justice
Tue Jun 30, 2026, 10:59 AM
Jun 30

The most likely to step down by all indications is Alito. That wouldn't change the makeup of the court (other than just to have a younger radical on it)

Fiendish Thingy

(24,675 posts)
8. Unusual mistake for them
Tue Jun 30, 2026, 11:34 AM
Jun 30

But I still think Alito and Thomas will retire before Trump’s term ends, and it will be before the end of this year if Dems retake the senate.

Takket

(23,881 posts)
12. Exactly
Tue Jun 30, 2026, 12:52 PM
Jun 30

I think they will both retire so drumpf can appoint “loose cannon” and that guy from Texas. Matthew something??? The guy the gop keeps filing all their cases in his court because he always rules in their favor.

Boo1

(737 posts)
3. Only
Tue Jun 30, 2026, 11:02 AM
Jun 30

If they are replacing one of the one who agreed. None of those are likely to leave soon.

If he repla es Thomas or Alito it literally wouldn't change anything. With those two it's as likely their replacement would be better for us.

Totally Tunsie

(12,262 posts)
18. It wouldn't be "better" if the replacement is considerably younger
Tue Jun 30, 2026, 01:50 PM
Jun 30

and would be sitting on the Court for decades. We and our children and grandchildren would be living with the ghost of chump through SCOTUS' decisions for way too long. It's not just the number of staunch conservative justices, but the length of their terms as well.

Boo1

(737 posts)
20. Younger
Tue Jun 30, 2026, 03:02 PM
Jun 30

But would they be as reliable as Alito and Thomas? Given that his picks are essentially hated by the right wing I think that's questionable.


Has Gorsuch been a more reliably conservative vote than Scalia?

Fiendish Thingy

(24,675 posts)
4. Replacing Alito won't change the math on birthright citizenship
Tue Jun 30, 2026, 11:03 AM
Jun 30

That would only happen if Barrett, Roberts or one of the liberal justices retire in the next two years.

Wiz Imp

(11,022 posts)
6. Um, No.
Tue Jun 30, 2026, 11:21 AM
Jun 30

Kagan, Sotomayor, Jackson, Barrett & Roberts aren't going anywhere. Unless one of them dies, the court will continue to have a majority that upholds birthright citizenship.

standingtall

(3,211 posts)
10. John Roberts is 71
Tue Jun 30, 2026, 11:54 AM
Jun 30

This Court is must be expanded period. There will be future attacks coming against birthright citizenship. Count on it. We shouldn't be think 2 to 4 years from now, more like 5 to 10 years from now and beyond. Birthright citizenship is not safe.

standingtall

(3,211 posts)
19. No actually only one
Tue Jun 30, 2026, 02:15 PM
Jun 30

Kavanaugh didn't vote to strike down Trump's executive order on constitutional grounds, but on the grounds of it violating federal law. So if Roberts is replaced with just one anti-birthright citizenship Judge and it gets back to the Court and is framed solely as a constitutional matter there is a good chance Kavanaugh changes his vote.

standingtall

(3,211 posts)
9. Alito is not retiring him stepping down wont change the math on birthright citizenship
Tue Jun 30, 2026, 11:51 AM
Jun 30

but it would be huge mistake to think birthright citizenship is safe. The fact is the Supreme came closer today think striking down birthright citizenship then it did in 1898 we it was 6-2 with one Justice not voting. Today it was 6-3 and 1 of those 6 Justices only voted against Trump's executive order on the grounds of federal law not the constitution so it was really 5-4. This Court opened the door to future attacks on birthright citizenship. What the losing side of the case is thinking right now is the Court just needs 2 moreJustices like Thomas,Alito and Gorsuch or maybe just one because of Kavanaugh's explanation for siding with the majority. This should be a clear message to Democrats especially centrist who have been reluctant and sometimes even hostile to expanding the Court get their head out of their behinds and face the reality this Court must be expanded the foundational bedrock rights of Americans are hanging on by the skin of their teeth and some rights aren't surviving this Court be willing to do what needs to be done or we want have a party anymore.

31j20b3

(211 posts)
16. we need to move US citizens against such opportunism by Trump
Tue Jun 30, 2026, 01:09 PM
Jun 30

Roberts and company do stick their wetted fingers into the wind to see where the wind is blowing

With suffiicient public clamor, an anti-birthright citizenship justice won't be added to the court by anyone

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