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swrobelyesterday at 3:15 PM5 repliesview on HN

6-3 with Thomas, Alito & Gorsuch dissenting


Replies

qalmakkayesterday at 3:21 PM

This is kind of crazy. The text of the amendment is as literal as it gets. If this had failed it would have basically meant emptying Congress of all of its powers, because now the executive can just pick whatever interpretation they deem fit to their goals and run with it.

The rule of courts of law is to interpret the law, not to pick new creative meanings out of them. That's the role of the legislative power - otherwise what's stopping a court to reinterpret the meaning of any word in any legal text and allow the executive to rule by decree

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collinmcnultyyesterday at 3:20 PM

5-4 on the Constitution. Kavanaugh's concurrence is that birthright citizenship is controlled by a law that Congress could change.

Windchaseryesterday at 3:20 PM

Kavanaugh ruled that Trump's EO wasn't unconstitutional, just contrary to federal law, and Congress could change the law there if they wanted. So, this makes it only 5-4 upholding the 14th amendment.

Which is gods-damned crazy. We are that close to overturning major civil rights.

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ailunyesterday at 3:20 PM

Kavanaugh agrees with their reading of the 14th Amendment, though.