Supreme Court Justice Amy Coney Barrett triggered fierce backlash from MAGA loyalists after forcefully questioning the Trump administration’s top lawyer and voicing skepticism over ending birthright citizenship during a heated Supreme Court argument.

Since taking office, Donald Trump has pushed for an executive order to end birthright citizenship, a constitutional guarantee under the 14th Amendment that grants automatic U.S. citizenship to anyone born on American soil.

During oral arguments, Barrett confronted Solicitor General Dean John Sauer, who was representing the Trump administration, over his dismissive response to Justice Elena Kagan’s concerns. Barrett sharply asked whether Sauer truly believed there was “no way” for plaintiffs to quickly challenge the executive order, suggesting that class-action certification might expedite the process.

  • Empricorn@feddit.nl
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    25 minutes ago

    Cult-like behavior. Literally. “You’re with us all the way and must always back anything Dear Leader does or says. If you disagree with anything, you must be kicked out, expelled, recalled, fired, or voted out!” It’s absolutely psychotic to view the world in such zero-sum, black/white terms.

  • CharlesDarwin@lemmy.world
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    4 hours ago

    More proof the right wing does not, nor have they ever, given one flying fuck about the Constitution that they go on so much about.

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      It’s like they’d already been conditioned to be outraged about some other selectively-ignored sacred text…

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      They have only read one of the amendments all the way through and part of another one and the rest is too boring to read.

      • CharlesDarwin@lemmy.world
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        36 minutes ago

        Curious which ones? I don’t think they read all of the Second. The ding-a-lings certainly never read the First and actually understand it, because they keep acting like this is a “Christian” country, when the First says I don’t have to give two shits about the chosen lifestyle of the xtian book club. Meaning I most definitely have freedom FROM religion.

        • markovs_gun@lemmy.world
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          31 minutes ago

          One in full is the second amendment, one they read partially is the first because they know FREE SPEECH and nothing else.

    • burgerpocalyse@lemmy.world
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      1 hour ago

      they fast tracked her to the highest court in the country thinking she was properly trained to be their good little soldier

    • Lukas Murch@thelemmy.club
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      4 hours ago

      If we can’t have a progressive, Coney-Barrett would be a better chief justice. She seems to at least try to follow the Constitution (most of the time). Eff her for lying about RvW in her confirmation hearing, though. Eff all those guys.

    • QuincyPeck@lemmy.world
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      She’s certainly performed better than expected. She actually seems to give a damn about the application of law in most cases.

      • Blackmist@feddit.uk
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        4 hours ago

        But not enough.

        77 million people still voted this orange shit-stain into office again. They saw what he’d done before. They saw an attempted coup. They heard all the Nazi-era rhetoric. And they thought “that’s the man for us”.

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    3 hours ago

    Okay, she doesn’t have to be sent to El Salvador when Empress Cortez assumes control

  • disguy_ovahea@lemmy.world
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    Imposter? A Justice should have no loyalty but to the law. This isn’t about her opinion. It’s about reading the 14th Amendment.

    Want to change it? Go for it. You’ll need half the House, 2/3 of the Senate, and 3/4 of states to amend the Constitution.

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          He’ll do it, speaker of the house will say “well it’s not our job to amend the constitution so if he wants to we have no choice but to support it” and then the Supreme Court will back it 5-4

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      This is the case that seems the most clear out of any in the past few years.

      The text of the amendment isn’t murky at all.

      “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

      There’s no way to interpret that being born in the US doesn’t convey citizenship.

      • Mirshe@lemmy.world
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        4 hours ago

        The argument I heard initially was that irregular migrants are not, somehow, subject to the jurisdiction of the US.

      • Corkyskog@sh.itjust.works
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        7 hours ago

        I believe from listening to recent NPR that their lawyers aren’t even arguing about that. They are arguing about whether national injunctions can really be national injunctions or not.

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          Yeah - they’re trying REALLY hard to not argue the merits because it’s extremely clear to anyone that what they’re doing is illegal, so they’re trying to make it a civil suit issue.

          The next step after that is to claim Sovereign Immunity to keep civil suits from being heard.

          And then they’ll have their legal justification for disappearing US Citizens without due process.

        • altphoto@lemmy.today
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          6 hours ago

          So leaving it to the states where they can jerrymander the elections and win locally first then a few years later fuck up the entire country “legally”.

          • Corkyskog@sh.itjust.works
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            6 hours ago

            No, they aren’t arguing it should be at state level, their argument is much worse, they are arguing it needs to be at the individual level. So every single person harmed would need to get their own lawyer.

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        19 hours ago

        And that’s why the GOP are reframing those deemed undesirable as illegals, invaders, and terrorists. These people by some definitions do not behave as bound to the law of the country they are in.

        Any reason to justify what they are doing.

        • disguy_ovahea@lemmy.world
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          19 hours ago

          The funny thing about that is if they argue that they’re not under the jurisdiction of the United States, then we couldn’t even give them a parking ticket, let alone deport them. They’d effectively have diplomatic immunity.

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            18 hours ago

            That’s not how it would work at all. They’d be nationless. You do not want to be nationless.

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              They would be without citizenship, yes, but they would also be legally outside of the jurisdiction of the United States. They could literally do anything and not get arrested. It would be like everywhere they go they’re standing on international waters.

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                That’s not what happens. If you’re nationless the fact is that any country may abuse you and no country will stand up for you. It’s a very powerless position to be in. To say “aha, but your laws don’t apply* is wrong (laws apply to everyone in the country except those with diplomatic immunity, which is the opposite of being stateless) and has a"sovereign citizen” flavor about it.

                • disguy_ovahea@lemmy.world
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                  That’s the literal definition of jurisdiction.

                  ju·ris·dic·tion /ˌjo͝orəsˈdikSHən/ noun

                  the official power to make legal decisions and judgments.

                  The United States can only enforce its laws on those that are within its jurisdiction. It’s exactly the same as entering a foreign consulate or pulling over a foreign diplomat. There is literally nothing they can do to them.

                  To your point, if they ever chose to leave, they would never be allowed re-entry.

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                You can not just do anything if your nationless. Where are you getting this absurd idea from? At best you get stuck in an ok jail somewhere for eternity. You have NO Rights, at all, if you are nationless.

                • disguy_ovahea@lemmy.world
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                  You can if you are outside of the jurisdiction of the presiding government body. You’re untouchable by the law of the land. That’s literally what jurisdiction means.

      • LandedGentry@lemmy.zip
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        And even if they pull some bullshit about how those words mean different things back then or things have changed, people should immediately bring up the second amendment under this exact same pretenses.

            • Miles O'Brien@startrek.website
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              6 hours ago

              I wish we still lived in a country where legal arguments are still relevant.

              When half the social networks, such as they were, have been decimated via illegal orders and people who don’t have legal authority are allowed to do as they please, fire who they please, and confiscate funding as they please, laws mean nothing unless you’re poor or in the “out” group.

    • Billiam@lemmy.world
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      20 hours ago

      A Justice should have no loyalty but to the law.

      First time reading about the GOP?

      • disguy_ovahea@lemmy.world
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        20 hours ago

        My point is that the 14th Amendment is very clear. There’s no room for interpretation as there is with something like a fetus compared to a baby in Roe v. Wade. What they want is to amend the Constitution. That’s a different process entirely.

          • throwawayacc0430@sh.itjust.works
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            The problem is, the people who wrote the 14th amendment didn’t specify how that is supposed to be enforced.

            Criminal conviction? Well trump was only convicted of a state charge of fraud, not insurrection.

            Simple majority of congress? Republican congress could just ban democrats.

            2/3 Supermajority of congress? It’ll never pass

            Supreme court? Well, a majority of them is republican.

            If its too easy to invoke it, it could be weaponized against progressive candidates. They’d just declare BLM protests as “insurrection” and ban them from the ballot.

            • Thunderbird4@lemmy.world
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              No idea why you’re getting downvoted for pointing this out. This is literally the flaw with the insurrection clause of yes 14th amendment and precisely why it wasn’t enforced. SC ruled that states don’t get to enforce it on their own authority, but failed to specify who does. If the amendment had specified an enforcement mechanism, there would be no need for interpretation.

              • throwawayacc0430@sh.itjust.works
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                2 hours ago

                So, by the supreme court?

                Well, we’re fucked with this conservative-ass court. They already stuck down Colorado’s court ruling.

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              14 hours ago

              Where does it say that a conviction is required? Self-executing.

              • Boddhisatva@lemmy.world
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                7 hours ago

                Exactly. I’d doesn’t say convicted of participating in an insurrection. It says if you participate in an insurrection you are automatically intelligible for office unless the disability is removed by congress.

              • disguy_ovahea@lemmy.world
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                7 hours ago

                The Fifth Amendment.

                “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…”

                • ExtantHuman@lemm.ee
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                  There’s a difference between being thrown in jail without a trial and… Being barred from the highest office of the country - a position of public service.

                  You have a right to freedom, not to a specific job

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                  Disqualification from holding office is not punishment for a crime. If it were, everyone under age 35 would have a 5th Amendment argument to make.

                  Try again.

            • obvs@lemmy.world
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              18 hours ago

              Which, I mean, a court did find him responsible for the insurrection, but I suppose that doesn’t matter to you.

    • Wilco@lemm.ee
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      17 hours ago

      They wouldn’t stand a chance of doing this with the states, it would cause a civil war.

      They couldnt even get it past a Republican controlled vote.

      They have Republicans in office that were not even born in the USA. People forget asshats like Ted Cruz.

    • Ghostalmedia@lemmy.world
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      20 hours ago

      Crazy thing is that 2 justices will almost always happily vote to throw the constitution in the trash if it helps with party politics.

    • Zenith@lemm.ee
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      She is an imposter, she’s wildly unqualified for the job, she is the least qualified judge to ever sit on the bench by a wide margin, she’s a DEI hire. Shes an imposter who absolutely in no way deserves her job but she’s not an imposter for “being skeptical” of ending birthright citizenship, I do predict she will fold like a house of cards over this and do nothing to protect birthright citizenship.

  • Archangel@lemm.ee
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    You can’t “end” a Constitutional amendment with an executive order. That simply isn’t how the law works.

    • OutlierBlue@lemmy.ca
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      It is if no one stops him. The Constitution doesn’t do anything unless people actively uphold it. So far Trump’s gotten away with so many things because no one’s actually stopping him.

      I keep waiting for the American public to take a stand, but apparently they’re willing to sit there on the couch while their democracy is stripped away.

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            He’ll immediately declare martial law. This is bad, but that would be worse. Much worse…

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            It’s getting close to that. Someone’s going to be armed in one of those ICE videos eventually.

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            I wouldn’t… until after mid-terms. Because he’ll declare martial law until then.

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              …the sad fact is that fascists won a mostly-free-and-fair election, so i think many of us are sitting tight until midterms lest we give them ammunition to rationslise martial law; if midterm elections aren’t proprietous, though, that ammunition’s f*cking coming out…

              • Empricorn@feddit.nl
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                20 minutes ago

                armed protests

                That’s a huge difference. Please don’t use false strawman arguments. I haven’t heard “don’t protest or he’ll get mad”, here or anywhere.

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                16 hours ago

                More like don’t give them an excuse before the centrists wake up.

                Of course, they won’t ever wake up, that’s why they’re centrists.

    • BrianTheeBiscuiteer@lemmy.world
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      The thought of a clearly defined and settled case getting heard by SCOTUS is bad enough on its own. This doesn’t even coincide with any kind of real world event besides an asshole President saying, “I don’t like this rule.”

      • Zenith@lemm.ee
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        It absolutely is now, they’re not legally challenging most of these for a reason.

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    16 hours ago

    At first, I thought “remove this imposter” was a quote from ACB and I was like “Damn, she really woke up to this whole thing, huh?”

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    18 hours ago

    So she sucks in a great many ways, but I’ve actually been surprised that Coney Barrett hasn’t been the rubber stamp i expected her to be

    • Zenith@lemm.ee
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      If it makes you feel better she basically is the rubber stamp you expected, all she did here was “show skepticism”

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        8 hours ago

        Of the conservative justices, she has voted the least conservative the past two years. Her skepticism may actually indicate where she’ll vote.

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          Maybe she’s clever enough to realize they will yank her and the other women right off the court as soon as she’s no longer necessary? Again I don’t believe she’s a good person or done an about face, but I’ll take the foxhole allies if we can get them, we kinda fucked

    • throwawayacc0430@sh.itjust.works
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      18 hours ago

      That’s the double edge sword of a lifetime apppintment, they are beholden to no one after getting appointed (nothing short of a 2/3 senate conviction or illegal autocoups)

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      She mostly cares about forcing births because of her handmaiden upbringing, so with other issues she might possibly be less in lockstep with the fascists

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    Every time I see verbs such as “rips” “slams” “melts down” I stop reading because I know it’s going to be hyperbole

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      With how much these terms have been used lately, they seem to have lost all the meaning behind them.

    • obvs@lemmy.world
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      18 hours ago

      I know.

      Could you imagine if any of the articles about the right wing attacking itself were in any way realistic?

    • Zenith@lemm.ee
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      lol you just waiting for the day a Supreme Court justice literally body slams someone?? Like of course it’s hyperbole, but it’s still interesting one of the DEI judges is showing skepticism, the article isn’t hyperbolic or audacious, just informative.

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    20 hours ago

    Don’t they KNOW the Founders EXPLICITLY Only Protected the RIGHT to SHOOT UP A SCHOOL?

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      14 hours ago

      I miss that game. Can’t enjoy it anymore because the kids ruined it with their constant “wHeRe?” comments and general stupidity.

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    Does maga realize that the more they attack someone, the more they drive that person away?

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      18 hours ago

      The more they attack someone verbally the more threats that person will receive from their cult.

      It’s not about their rage changing anyone’s mind. It’s the threats of violence that follow. Those can make people fall in line or go into hiding and either of those is a win for the oppressors.

    • Zorsith@lemmy.blahaj.zone
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      19 hours ago

      Its a cult, they don’t care. It just leads existing cult members to isolate harder from outsiders and stay loyal.

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    If they don’t like that law, there is one path for them to change it: Constitutional Amendment. Good luck with that, fuckers.