General Discussion

asking the Supreme Court to review the case, the Trump administration claimed that birthright citizenship can only apply to children born to one parent who is a U.S. citizen or a lawful permanent resident.”

Unfortunately, the Court will likely rule on the constitutionality of the EO, not the doctrine of birthright citizenship.

It will uphold the EO claiming that placing limits and restrictions on citizenship doesn’t violate the 14th Amendment and that future presidents are at liberty to rescind the EO allowing comprehensive birthright citizenship.

The Court will further hold that placing limits and restrictions on citizenship is consistent with landmark 14th Amendment cases such as United States v. Wong Kim Ark.

But there are other Constitutional issues in play, such as the long-held doctrine that children cannot be punished or disadvantaged the consequence of their parents’ bad acts or acts of lawlessness. See for example Weber v. Aetna Cas. & Sur. Co. and Plyer v. Doe.

We have a Court, however, dominated by six conservative ideologues who have demonstrated time and again their hostility to long settled, accepted precedent and case law.