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[–] 309 points 6 months ago (35 children)

Justice Neil Gorsuch, who was also appointed by Trump, added to the pressure Sauer faced, asking the seasoned Solicitor General: “Do you think Native Americans are birthright citizens under your test?”

“Ah, I think... so,” he replied, somewhat unconvincingly. “I’ll have to think that through.”

Is that literally the first time he's thought about that?

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  • [–] 55 points 6 months ago (3 children)

    It could be. The point of bringing a case like this probably isn't to win it, necessarily, but to demonstrate loyalty to dear leader. Dear Leader wants the case in order to push the Overton window. Its a can't-lose situation for the regime; they get some benefit from either judicial decision.

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  • [–] 48 points 6 months ago (3 children)

    Deport those ungrateful native Americans back to…America???

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  • [–] 20 points 6 months ago (16 children)

    Can someone explain this to a clueless European? Are Native Americans not American Citizens by default?

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  • [–] 74 points 6 months ago (1 child)

    That's was the point of the question. By birthright they are but under the MAGA interpretation (ie utter bullshit and making things up) they may not be because technically they have tribal affiliation and could be considered beholden to another government. It all makes much more sense when you try not to think about it logically. They are literally trying to argue the clause of the Constitution that says if you are born on USA territory you are US citizen doesn't mean exactly that. It is the most unambiguous amendment because they knew the former confereracy would try this shit eventually.

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  • [–] 22 points 6 months ago (4 children)

    It's complicated, they are citizens in most cases, but they also have distinctly different rights in some cases. It works out to them being a sort of hybrid citizen, as they are ultimately subject to most federal laws, but can't be subjected to state laws. They are allowed to vote in elections though suppression is common. This status has resulted in them running casinos in most states, as the state can't prevent them from doing it on tribal land, it's also expanded to betting apps.

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  • [–] 20 points 6 months ago

    Along with that, they are protected by international treaties because some tribal lands straddle the border between the US and Canada or Mexico. As nations that pre-date colonialism, they’re allowed to move freely within their lands, which might take them over an international border.

    So someone might be born on tribal lands in Canada but live in the US and have tribal rights, but not be an American. Or vice versa.

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    [–] 143 points 6 months ago (2 children)

    A space launch and the Supreme Court doing its job?

    It's like america has a functioning government!!

    /s

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  • [–] 114 points 6 months ago (9 children)

    Gorsuch asked if Native Americans would be considered birthright citizens, and the MAGA lawyer said he'd "have to give it some thought."

    Shouldn't he have done that BEFORE appearing in front of SCOTUS?

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  • Honestly though, if the Supreme Court were doing their job even slightly properly, the response from the justices to that facile punt of an answer to a very obvious question should have been to utterly excoriate the lawyer - up to, and hopefully including, dismissal with prejudice. The response that fucker gave shows a very obvious lack of preparedness and consideration - or more likely, very thinly veiled contempt of the court.

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    [–] 61 points 6 months ago (3 children)

    Roberts replied: “It’s a new world. It’s the same Constitution.”

    There's the Chief I know. Originalist in the streets, textualist in the sheets.

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    [–] 51 points 6 months ago (12 children)

    FYI: About 35 countries have birthright citizenship, mostly on the American continent. Over 150 countries have citizenship by descent.

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    [–] 43 points 6 months ago

    Alito sounded like a completely obtuse nincomcoop today. You don’t need to be a constitutional lawyer to see how full of shit the conservatives are.

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  • [–] 41 points 6 months ago (3 children)

    For some reason I can't imagine Trump without a full diaper anymore. When I see the news that he went to SCOTUS hearing I'm thinking "and he was sitting there in a full diaper?". I'm reading that he stormed out and I'm thinking "he can walk with a full diaper? what's that like?". Full diaper is now integral part of his image for me, can't help it.

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    [–] 38 points 6 months ago* (10 children)

    And Chief Justice John Roberts, another conservative on the bench, also had something of a mic-drop moment when Sauer tried to make the point that “we’re in a new world where eight billion people are one plane ride away from having a child who’s a U.S citizen.”

    Roberts replied: “It’s a new world. It’s the same Constitution.”

    I expect this is where they pivot next. What does it take to amend the American constitution? Or what does it take to make a new one, given that they will try to justify that an old document does not fit the modern world

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  • [–] 23 points 6 months ago (5 children)

    It would be impossible in today's political climate.

    You need >66% vote in both House and Senate, or you need a Constitutional Convention called by >66% of the state legislatures. Then you need to ratify the amendment, which requires approval by >75% of state legislatures.

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    [–] 35 points 6 months ago

    He had a poopy diaper and he needed someone to wipe his pedo bum

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  • [–] 33 points 6 months ago (5 children)

    Trump has never once felt humiliated in his life.

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  • [–] 25 points 6 months ago (2 children)

    I don't know, I tend to believe the theory that Trump ran for President because Obama made fun of him at that correspondents dinner. He looked pretty humiliated that night

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    [–] 31 points 5 months ago (3 children)

    "Humiliated" "storms out" - this is some tabloidly language.

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  • [–] 13 points 5 months ago* (1 child)

    headlines like that are why I stopped going to any Meidas network content

    I think they really fucked themselves over with that. like, sure, some of the time it was an accurate serious statement (but not enough people in america care, so it appeared that it wasn't actually as serious but in fact it was just the response to it that was not serious), but a lot of the time they just use clickbait titles and then you're sitting there like wait that's it?

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    [–] 31 points 6 months ago

    This calls for a return to form. Happy YDAU everyone.

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  • [–] 30 points 6 months ago (4 children)

    I wonder if he did harm by being there.

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  • [–] 31 points 6 months ago (3 children)

    They were all like "this btch trying to intimidate us? Let's show him what "equal branch" means"

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  • [–] 13 points 6 months ago (2 children)

    Absolutely. Judges do not like people pulling stunts in their courtroom, and unless Trump actually goes full dictator by disolving congress, he can't touch them and they know it. He can't intimidate them, so all trying does is piss them off. This might cause the conservative members to stop following his playbook so much, but it's hard to say for sure.

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  • [–] 25 points 6 months ago* (last edited 6 months ago) (3 children)

    more like trump storms out to create a gaffe at distracting the media from epstein. it happens everytime epstein starts rearing its head, or when something he did was too severe for the media to ignore.

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  • [–] 30 points 6 months ago (2 children)

    It’s exhausting to hear this, but 100% true. Trump creates daily outrage so there’s no oxygen in the room to focus on his crimes. We were talking about unredacting the files, holding Trump to account in the court of public opinion, and everything fell away again because he used our military to wage war. It’s taken over the conversation, again, with what remains being posts like these reminding people almost in vain that hey, if Trump breathes a word or walks from point A to B while on camera, its to distract the public from organizing over the truth that he is a narcissistic rapist pedophile with the ability to end the world.

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  • [–] 25 points 6 months ago (3 children)

    Humiliation? Like he's capable of it. He tweeted they were dumb as he left. As far as he's concerned, he won.

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    [–] 14 points 6 months ago* (last edited 6 months ago) (6 children)

    If they'd cancelled it, would that be retroactiv? Revoking the citizenship of every US American not of native heritage would be one hell of a move.

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  • [–] 14 points 5 months ago (6 children)

    "We are the only Country in the World STUPID enough to allow “Birthright”...

    Don't most countries allow birthright citizenship?

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    [–] 13 points 6 months ago (1 child)

    Waiting for inevitable EO that says after talking to some of the "greatest legal minds" (no doubt just his own reflection) it has been determined that he "has the absolute right" to dissolve/suspend SCOTUS if they're going to stand in the way of him enforcing the law. Cue him using the military to shutdown the building and prevent SCOTUS from convening and Mike Johnson will just shrug and say something like "Well, they knew what would happen. It's not our job to save their branch of gov't" when questioned on why Congress won't impeach.

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