Trump Begins Attack On Birthright Citizenship, Constitution

 

The first of what we expect to be many un- American assaults on the U.S. Constitution was launched on Monday when the lawless Malignant Fascist signed an executive order ending birthright citizenship, enshrined in the 14th Amendment. Democratic- led states, cities, and advocacy groups were prepared to fight this cruel manifestation of the MF's white nationalist authoritarianism:

Two dozen Democratic-led states and cities are challenging President Donald Trump’s bid to end birthright citizenship in court, a major constitutional challenge to one of the White House’s signature policies.

The lawsuits allege that a Trump executive order signed Monday violates the 14th Amendment of the Constitution, which gives a constitutional right of citizenship to all children born in the United States.

“Despite a President’s broad powers to set immigration policy, however, the Citizenship Stripping Order falls far outside the legal bounds of the President’s authority,” states a lawsuit from 18 states, Washington, DC, and San Francisco.

The case could end up becoming the first major Supreme Court showdown for Trump’s second-term agenda. The 18 states filed in a Massachusetts federal court, which means any appeal of a ruling from that court will come up through the First US Circuit Court of Appeals, where all the judges are Democratic appointees. 

“The president’s entitled to put forth a policy agenda that he sees fit,” New Jersey Democratic Attorney General Matthew Platkin, who is co-leading the new lawsuit, told CNN.

“When it comes to birthright citizenship – something that’s been part of the fabric of this nation for centuries, that’s been in the Constitution for 157 years since the Civil War, that’s been upheld by the Supreme Court twice – the president cannot, with a stroke of a pen, rewrite the Constitution and upend the rule of law,” he added.

Also Tuesday, the attorneys general of Washington, Arizona, Oregon and Illinois brought their own lawsuit on the west coast. It was filed at a federal court in Seattle that is within the 9th US Circuit Court of Appeals, a traditionally left-leaning court that has become less liberal in recent years.

Both suits are also seeking a preliminary order blocking the policy before the Trump administration can take steps to implement it.

Similar lawsuits targeting Trump’s order were brought by the American Civil Liberties Union and immigration rights groups on Monday...

There's more at the link about the scope and timing of the executive order.  American Civil Liberties Union executive director Anthony D. Romero had this to say about the assault on the 14th Amendment:

“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values. Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration's overreach is so egregious that we are confident we will ultimately prevail.”

Our concern is, while the litigants have legal precedent on their side, all bets are off once it reaches the MAGA Republican Supreme Court, which has blissfully ignored precedent in the past, overturning 50 years of it in Dobbs.  But, however hard it might be for SCOTUS to ignore the Amendment's plain language and 157 years of precedent in this instance, service to the cult leader and his authoritarian agenda could well "trump" all else.  Remember, these are the same servile 6 "justices" that determined the MF had full immunity for official acts. 

If he gets away with this egregious authoritarian overreach, don't be shocked if he reinterprets the 22nd Amendment to the Constitution in order to stay in power after the next 4 ugly years are up.

(Cartoon:  Jack Ohman, Tribune Content Agency)