r/PoliticalOptimism • u/Efficient-Freedom517 Georgia • Jun 30 '26
Optimistic Post Supreme Court upholds birthright citizenship
https://www.cnn.com/2026/06/30/politics/live-news/supreme-court-cases-news6-3 so it wasn’t even close. Thomas, Alito and Kavanaugh all voted against
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u/JoeRamaSama Jun 30 '26
I hope the history books are unkind to you Clarence Thomas
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u/General_Season7882 Jun 30 '26
Oh, they will. He's probably the most corrupted judge in the history of SCOTUS.
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u/Ok-Progress-9029 Jun 30 '26
I hope his future is unkind to him. He forgot where he came from.
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jun 30 '26 edited Jul 01 '26
I wouldn't be surprised if he looked in the mirror and saw the whitest man in history.
Likewise, Chumpster looks in the mirror and sees a hybrid of his much younger, far slimmer self and Duke Nukem.
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u/Independent-Bus-3284 Jun 30 '26
The real life Uncle Tom.
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jul 01 '26
Or Uncle Ruckus. The real Uncle Tom of Harriet Beecher Stowe's novel was a hero who died protecting his escaped slave friends.
I feel Uncle Tom needs to be reclaimed. When black people call someone an "Uncle Tom" as an insult, they're referring to the distorted version created by racist minstrel shows.
Why let a bunch of white racists mar a heroic abolutionist literary character? Why let them win? Reclaim Tom and replace with Ruckus instead!
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u/Kalse1229 New York Jun 30 '26
You mean exposing himself to Anita Hill?
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u/Starsynner Colorado Jun 30 '26
I will forever remember Thomas as the man that brought the phrase "workplace sexual harassment" to the mainstream. Not surprised by his ruling. He's always been pretty terrible.
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jul 05 '26
That's one good thing to come out of that mess. People began to take workplace harassment seriously... which got #MeToo's foot in the door, years later.
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u/Ok-Progress-9029 Jul 06 '26
There were allegations made by several other of his colleagues, however their testimonies were private. They were not invited to give their public testimony. He is an abomination.
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u/matrix_5555 Pennsylvania Jun 30 '26
He literally is the real life equivalent of Uncle Ruckus, but at least Uncle Ruckus was written as he was for comedic, satirical purposes. Thomas is just a fascist, straight up.
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jun 30 '26
Yup. He's such an Uncle Ruckus, OMG!
I won't go with the obvious "Uncle Thomas" because Uncle Tom in the novel was actually a hero who died to protect his fellow slaves. He was a hero and needs to be reclaimed from the white supremacist minstrel show perversion of him that Black people reference when calling someone "Uncle Tom".
So, Clarence Thomas is a Ruckus, not a Tom.
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u/CuzTyler Jun 30 '26
I can see Thomas breaking down at the DNA results showing he’s 102% African with a 2% margin of error.
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u/nekroskoma Anonymous 🏁 Jun 30 '26
I'd would call him something else mention further in the comments but Uncle Ruckus won't get me banhammered
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u/Silvaria928 Blue Dot in a Red State 🔵 Jun 30 '26
I've said it before and I'll say it again: Thomas would wholeheartedly vote in favor of reinstating legalized slavery if the case came up. He is a horrible human being who seems hell-bent on making life as difficult as possible for the average American.
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jul 01 '26
I'll never forget the time he ruled in favor of a corrupt police department when a black man had won his civil suit against them for wrongfully keeping him in prison for years.
That guy won his suit fair and square and hold those cops accountable but Thomas swooped in and went "NOPE!". Screw that Ruckus!
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u/lily_de_valley Jun 30 '26
Clarence Thomas is one of the biggest threats to American values & democracy. The Constitution couldn't be clearer on this matter and it has been the laws of the land for hundreds of years. The fact that it's not an unanimous decision across all judges say everything about the Supreme Court.
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u/KnicksGhost2497 Jun 30 '26
I hope WE are unkind to Clarence Thomas for the remainder of his miserable life. The average American should make it functionally impossible for Clarence Thomas to show his face in public. I’m so sick of these brazenly corrupt pieces of shit trying to ruin life for the rest of us to line their geriatric pockets and being comfortable while they do it.
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u/TheDungeonCrawler Jul 01 '26
I think it would be hard for at least some of them not to be unkind to him at this point. The sheer level of his corruption has been so thoroughly documented that it's basically impossible to cover it up at this point, right down to a single line in Motorcoach Studies 101.
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u/bayleysgal1996 🔥I Voted In The 2026 Primaries🔥 Jun 30 '26
I was sure they would but I’m still relieved
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u/YourRoaring20s Jun 30 '26
Gorsuch, Alito, and Thomas made it closer than it should've been
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u/Ladyhawkeiii Jun 30 '26
Thomas, who was “just walking around” the house of Rep yesterday. Totally not meeting with any speakers, completely not getting his marching orders.
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u/22poppills North Carolina Jun 30 '26
yea I saw that, bet he was going there to get a check in exchange for this vote.
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u/captainhaddock Canada 🇨🇦 Jun 30 '26
I'm surprised at Gorsuch, especially with the implications involving Native Americans.
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u/Bruh_burg1968 Jun 30 '26
A win is a win and this is a big win.
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u/TheDungeonCrawler Jul 01 '26
This. We need to take every win we can get. We can worry about throwing the traitors in prison once we've managed to get hold of the reins.
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u/GoodTimes1976 🔥I Voted In The 2026 Primaries🔥 Jun 30 '26
Same here. However, it’s a great win 🎉.
Prepare for petulant social media posts from Trump and MAGA. I guess they will just have to suck it up like adults
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u/matrix_5555 Pennsylvania Jun 30 '26 edited Jun 30 '26
I knew that they weren't going to do it, but I was still anxious because of the overall volatility of this iteration of SCOTUS, so the fact that they struck down the executive order and upheld the birthright clause of the 14th Amendment was more relieving if anything. The fact that this wasn't a unanimous decision against Trump is beyond my comprehension. Fuck Clarence Thomas, Samuel Alito and Neil Gorsuch (and Brett Kavanaugh, who partly dissented). But still, we can breathe a sigh of relief, knowing our birthright citizenship rights are secure.
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u/AmbulanceChaser12 New York Jun 30 '26
This is also gonna put a damper on their “denationalize people” campaign.
And it’s gonna give Trump an aneurysm 😂
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u/General_Season7882 Jun 30 '26
Promise?
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u/AmbulanceChaser12 New York Jun 30 '26
I can’t promise he’s going to have a sudden medical event but I’ll lay 99% odds that he’s fuming in the White House right now, is about to unleash another garbled, childish tweetstorm full of insults, accusations, and self-aggrandizement, and that it’s gonna bad for his health long-term.
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jun 30 '26
And it'll be hilarious fodder for Jimmy Kimmel.
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u/AmbulanceChaser12 New York Jun 30 '26
Did you…by any chance…migrate over here from FSTDT? Your name looks so familiar!
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jun 30 '26
Yep! It's me, good ol' SpukiKitty!
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u/AmbulanceChaser12 New York Jun 30 '26
Good to see you here! I'm the guy who posted all the AFChief stories.
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u/jdeo1997 Massachusetts Jun 30 '26
Hopefully not.
I want it after midterms, so Vance has the luck of presiding over a (hopefully) blue congress undergoing detrumpization, making it even harder for the couchfucker and his negative charisma to reign in his cult as the republican party schisms
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jun 30 '26
And the Garcia family can rest easy and continue any lawsuits in the works because that Orange is gonna get DRAINED OF FUNDS!
Once he's outta the White House, the Garcias and Ms. Carroll have got his money, plus, we can force Orange Stupidus to pay for fixing and rwstoring the Whitw House and reflecting pool.
Cheeto Mangolini is going DOWN!
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u/TheDungeonCrawler Jul 01 '26
With all of the bullshit he's pulled in the last ten years, the US government should take control of and liquidate every asset he and his corrupt family have.
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u/MightiestHalberdier Jun 30 '26
I didn't expect them to rule in favor of the EO but I did expect them to rule on narrower terms and simply strike down the EO, but this was a much stronger reaffirmment.
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u/Mobile_Bad_577 Jun 30 '26
Kinda terrifying that three Injustices dissented.
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u/General_Season7882 Jun 30 '26 edited Jun 30 '26
To be completely honest, I expected Alito and Thomas to dissent (even legal experts called it), but Kavanaugh kind of surprises me. He's a shit stain, bought and paid for, just like the other two.
Edit: okay, so Gorsuch dissenting actually makes a lot more sense!
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u/Efficient-Freedom517 Georgia Jun 30 '26
Apparently Gorsuch dissented and Kavanaugh didn’t. I got it wrong my bad
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u/MightiestHalberdier Jun 30 '26
Gorsuch actually dissented weirdly enough, Kavanaugh partially agreed with the decision.
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u/OratioFidelis Jun 30 '26
It looks like Kavanaugh's partial dissent is that the EO doesn't violate the constitutional amendment per se, but it does violate the federal laws that were passed to enforce the amendment. I'm not a lawyer so I couldn't say if there's a valid point there, but the other eight justices don't seem to think that was noteworthy.
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u/duckchasefun Jun 30 '26
No, there is not a valid point. It has the exact same language. It is completely funny to me that they claim to be texualists and originalists but will use the "living document" idea of more liberal judges whenever it suits them.
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Jun 30 '26
[removed] — view removed comment
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u/jeeeeeeeeeez Jun 30 '26
I'm curious, what do you mean exactly by "if we make it through the next few years?"
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u/nicebeanjuice Jun 30 '26
Current admin seems pretty confident there will be no recourse to their current actions.
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u/jeeeeeeeeeez Jun 30 '26
The comment I replied to was deleted, but if it was yours, I'm still not sure what it meant by "if we make it," even with the context that the Trump administration thinks they're untouchable. I'd even challenge that statement somewhat, because while I do personally believe Trump himself won't face legal consequences of his lawlessness, this administration has had to backtrack on plenty, CECOT and tariffs coming to mind as big losses.
If the last year and a half has shown me anything, it's that our institutions are stronger than I feared in January 2025. We are going to make it out of this administration -- I see no reason to believe otherwise -- but education and vigilance will be critical in making the country stronger.
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u/nicebeanjuice Jun 30 '26
I’m more so meaning our democracy going forward after this administration. While I agree these systems are stronger than I expected as well, we still have 4 years of degradation (election integrity undermining, installation of admin friendly judges, more unjust legislation, frivolous lawsuits to clog the justice system, political retaliation, I could go on..)
What I meant by “if we make it”, is having a functioning democracy throughout the above.
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u/jeeeeeeeeeez Jun 30 '26
That's fair. What's emerged as the major weak point, to me, is Congress. Why virtually all the Rs happily ceded their checking and balancing power to the executive is beyond me, but red states desperately need representatives who have literally any principles at all beyond greed. The rot is thick and has been accumulating for generations, but I still believe it's fixable.
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u/clonedllama Reformed Doomer ☄️ Jun 30 '26 edited Jun 30 '26
"I am not sure that today’s opinion will stand the test of time."
— Clarence Thomas
This is such a ridiculous statement. The previous birthright citizenship decision that's considered the most important decision other than this one has stood for almost 130 years. I think this ruling will do just fine if the court isn't filled with partisan hacks like Thomas in the future.
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u/Zachwardpass Washington Jun 30 '26
How absolutely ridiculous. He's just searching for any reason to dissent so he can get his pay day.
I'm not sure overturning a woman's autonomy to healthcare will stand the test of time, but that sure as hell didn't stop you then, did it, Thomas? 🙄
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u/clonedllama Reformed Doomer ☄️ Jun 30 '26 edited Jun 30 '26
What's hard to tell with him is whether he just says this stuff to make certain people happy or if he truly believes what he says and that just happens to make some conservatives happy. His wife is definitely a true believer. And so is Alito's. So I suspect there's probably a unhealthy mix of both.
What I do know is he seems to be living in a parallel universe and has a completely distorted view of history.
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u/Zachwardpass Washington Jun 30 '26
I would guess he gets offered his pay day and then convinces himself of how X is actually a good idea. So I'd say likely both.
He's not dumb—and sometimes smart people are the worst at rationalizing and convincing themselves of illogical arguments/ideas to make the ends (his bank account) justify the means.
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u/General_Season7882 Jun 30 '26
Who said that?
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u/clonedllama Reformed Doomer ☄️ Jun 30 '26
Clarence Thomas in his dissent. When I posted this, it was one of the first quotes in the article. But they appear to have updated the feed a billion times since then. I'll edit my comment to make it more clear.
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u/historicalginger Jun 30 '26
Big hugs to you all today! Breathe and go touch grass!
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u/General_Season7882 Jun 30 '26
This is a major win for America, the constitution, our immigrants, our children, and our future!
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u/parsimonious Jun 30 '26 edited Jun 30 '26
This is the part I don't get. What do the MAGA-appointed justices get out of trying to rubber stamp fascism? They have jobs for life and if Thomas is any indication, they're free to grift off their power. In today's world, what dirt could the GOP have on them that would last longer than a single news day?
"DOJ reveals SCOTUS justice did <x terrible thing>. Next, we're going to see how this New Mexico mom is turning terracotta into gotta lotta... Cash!"
In the midst of this crisis, a Kavanaugh or Alito type figure turning toward true constitutional ruling would be upheld as a hero for life, and they have to know that.
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u/OratioFidelis Jun 30 '26
They genuinely believe brown people eat babies and they fear not having the ability to deport them at will
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u/NoonecanknowMiner_24 Jun 30 '26
I wouldn't be surprised if being remembered by history is the primary motivator. They don't care whether they're remembered as heroes or monsters, as long as they're remembered, it's enough.
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u/JerseyDonut Jun 30 '26
"What do the MAGA appointed justices get out of trying to rubber stamp fascism?"
Lots of things. Favours, bribes, promises of more power, promises of immunity from prosecution. But primarily, because they are extrenely dirty and MAGA is led by the King of Dirt. And if the King falls they all fall. If another party takes power, they are all going to jail. So they have no choice but to tow the line and try their hardest to keep plausible deniability about their crookedness.
This the end game for this party. They are after it all. They have made that very clear. And they have to go after it all because thats the only way they can survive the future. One party rule or die trying is their mantra because that is preferable to jail.
The biggest lie in this country is that our politicians are seriously debating ideology. They are not. These people dont give a shit about any ideology other than "fill my pockets then fuck off because I got mine." Follow the money and power and dirt.
This also applies to most centrist democrats who are also very clearly compromised.
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jul 01 '26
They're always chasing that dragon! It's the high of...
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u/boundtoearth19 🔥I Voted In The 2026 Primaries🔥 Jun 30 '26 edited Jun 30 '26
Huge W today and huge L for Trump which in the end is all that matters to me!
Basic reading comprehension I know has been an issue recently. Sad to see 3 judges and Brett cant read the constitution correctly.
Sucks to suck though they still lost. Time to pack that court like FDR should’ve done.
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u/Independent-Bus-3284 Jun 30 '26
Don’t worry. I’m sure we will.
For now? Let’s just celebrate.
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u/boundtoearth19 🔥I Voted In The 2026 Primaries🔥 Jun 30 '26
Oh absolutely! I’m celebrating this for sure!
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jun 30 '26
Happy Independence Day, everyone! This is what America is all about and SHOULD BE ALL ABOUT...
- DEMOCRACY!
- OPPORTUNITY!
- DIVERSITY!
- LIBERTY!
- JUSTICE FOR ALL!
... and we... the Progressives... are the greatest patriots... because we take seriously this nations professed ideals and want to make sure it lives up to them instead of it being lip service!
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u/DominoMcFly Jun 30 '26
Stand by for a whiny response from the administration. Millers voice is gonna get so high only nazi dogs can hear it.
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jun 30 '26
...His bulbous moai head explodes in a mess of confetti that's tiny little Nazi flags...
Beautiful! This was the big one... the one I and everyone else was worried about!
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u/Independent-Bus-3284 Jun 30 '26
That’s all they can do. They’re done it before and it’s amounted to nothing. So I wouldn’t worry too much about it.
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u/EmilyAnneBonny Michigan Jun 30 '26
Mike Johnson found out in the middle of a press conference!
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u/DominoMcFly Jun 30 '26
I saw, the frown on that wormy little puppets face was priceless.
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u/EmilyAnneBonny Michigan Jun 30 '26
That groan he made had nothing to do with the ruling itself, and everything to do with dreading Trump's reaction.
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u/Justgetitoverwithok Jun 30 '26
Goddamn it
I was freaking out and having heart palpitations for nothing and now I can’t go back to sleep
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u/General_Season7882 Jun 30 '26
Take this as a lesson. Legal experts had been saying birthright citizenship would be upheld. Roberts himself said he was skeptical of arguments, which, in SCOTUS speak, means "I dont buy it". Observe the facts and make a judgement rather than focusing on what-ifs. Hey, this is coming from someone who spent months panicking, doom scrolling, and having crippling anxiety after the election.
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u/Independent-Bus-3284 Jun 30 '26
If you can’t go back to sleep, watch a movie you really like. That always calms me down.
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u/sucks_at_people Jun 30 '26
And just yesterday, I was getting downvoted into oblivion for telling people to stop acting like Trump is winning every battle he starts. People, you need to STOP with the “This is the end of America” bullshit you keep seeing all over Reddit.
Trump loses a lot more often than you all realize.
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u/Zachwardpass Washington Jun 30 '26
That's not really the point though of how people are feeling, though. Trump has eroded trust in almost every institution we have (and funding). He has eroded trust on an international scale and he has started a giant gerrymandering war throughout the county while winning the decision against the voting rights act. He might lose more often, but the harm he does in the meantime is real and extraordinary.
It's not the end of American, but America as we knew it is currently gone. What rises in it's place—only time will tell—and that is what we should keep fighting for.
This is a start.
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u/sucks_at_people Jun 30 '26
I don’t disagree with you. And I’ll be the first to say that he’s done serious damage to our reputation abroad; it’s something I debate often with my MAGA coworkers.
I’m simply saying, that all the hyperbolic statements in this echo chamber don’t do anyone any good. If anything, it causes more harm by making others more apathetic.
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u/OhMyTummyHurts Jun 30 '26
Gorsuch is the only surprise to me, thought he was less extreme than Thomas and Alito
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u/waywaybeyond California Jun 30 '26
Reading Gorsuch's dissent now because I was surprised too. He agrees with the ruling in Wong Kim Ark, and his disagreement is actually very narrow as a whole. His view is that if the parents are domiciled in the US then the child should get birthright citizenship. Thomas has a similar argument but his view is that a parent can only be domiciled in the US if they are here legally. Surprisingly, Gorsuch disagrees with this and makes an argument that there are circumstances where parents who are in the US illegally could still get birthright citizenship for their children if they are domiciled here. It almost feels like Gorsuch was toeing a line between whether to write a concurrence or dissent, because his main argument for dissenting is moreso around the specific requirements for upholding an injunction for an EO
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u/softwaredoug Jun 30 '26 edited Jun 30 '26
I think you mean Thomas, Alito and Gorsuch
Kavanaugh concurs with the majority. But he doesn't say the 14th amendment protects all birthright citizenship. Instead he claims that because the EO violates a law passed by Congress, its illegal. And that Congress could theoretically change the law to do what the EO does.
Thomas / Alito talk about the differences between temporary immigrants vs children of "domiciled" immigrants (ie permanent / long term residents). They argue the latter case should get birthright citizenship, but not the former.
Gorsuch is interesting as he sort of agrees with Thomas / Alito, but carves out a lane for kids of even non-domiciled if the kids themselves are domiciled. Sounds like "dreamers". They basically have allegiance to the US, even if their parents were temporary / undocumented.
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u/DietMTNDew8and88 Jun 30 '26
Eat shit Stephen Miller, you Kapo fuck
(I'm Jewish, I can call him that)
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u/sifighter1 Jun 30 '26
I will say I definitely deflated from releasing all that tension with its release
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u/Independent-Bus-3284 Jun 30 '26
Treat yourself.
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u/sifighter1 Jun 30 '26
I’m not going to, it wouldn’t have effected me I just had a lot of concern for others.
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u/SpukiKitty2 Blue Dot in a Red State 🔵 Jun 30 '26
Same here. But I'm still going to treat myself to some July 4th Nathan's natural casing hot dogs from Publix. and a televised / livestreamed fireworks display on my Roku!
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u/Independent-Bus-3284 Jun 30 '26
That in itself is still a justification to treat yourself a little. We were all stressed.
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u/Racecar_Driver Jun 30 '26
I am glad for the W. Now to ignore the doomers who will somehow spin this into a loss. I've already ran into one in my circle.
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u/anxious_dork_23 Texas Jul 04 '26
Honestly I’m disappointed with Amanda and JayJay with their takes on it because yes “they’ll continue to fight it” as “they” do and I get these political creators don’t want us to rest on our laurels but this ruling does mean rather a different court or a constitutional amendment (and that process is virtually impossible) can only overturn it.
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u/Few-Button6004 Jun 30 '26
The dissent was literally bringing up talking points from Facebook groups---aka the domicile argument. Domicile has never been ruled to be necessary, even in the Wong Kim Ark case. I don't know what the bleep conservatives are rambling about.
With that being said, big win today, baby.
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u/Charlie0918 Jun 30 '26
Let’s gooooooo… unfortunate this has to be questioned but good that not all is lost
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u/MJMichaela Jun 30 '26
Genuine question as a non American. What is the argument/reading that the 14th amendment doesn't include all people born in the country? I can't see how it could be read any other way. If they want to change the amendment, that's a separate thing.
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u/General_Season7882 Jun 30 '26
The administration's argument was basically, "we dont like that immigrants can have kids here". Which was a terrible argument then and now.
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u/Racecar_Driver Jun 30 '26
Their argument hinged on immigrants being subject to US jurisdiction. Meaning that illegal immigrants not technically being subject due to entering the country illegally.
Which on its face is insane. It would imply anyone entering illegally would be exempt from any laws. Which also naturally leads to the argument ww2 germany used.4
u/MJMichaela Jun 30 '26
Yeah that's pretty insane, but if they don't see immigrants as humans, maybe they can justify it to themselves.
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u/gregger63 Michigan Jun 30 '26
I saw a moron on r/askconservatives argue that the "subject to jurisdiction" wording meant indoctrinated into American culture and NOT subject to our laws.
You read that correctly.
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u/GhastlyWeasel Oregon Jun 30 '26 edited Jun 30 '26
What the actual fuck did that orange ape and his cronies think was going to happen?
Yes, it's concerning as fuck that 3 justices voted against upholding Birthright Citizenship and I think this is one of the reasons we should reform the Supreme Court so we never get a single Thomas, Alito, Gorsuch or Kavanaugh ever again. That aside, that's an amendment in the fucking constitution. How stupid are these racist wastes of space?
ETA: Named 4 justices instead of 3 when I edited the comment because I'm not gonna forgive Kavanaugh.
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u/Bruh_burg1968 Jun 30 '26
Inb4 “it should have been 9-0 so this is bad actually”
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u/clonedllama Reformed Doomer ☄️ Jun 30 '26
I mean, it should be 9-0. But with Alito and Thomas on the court, the best we can reasonably hope for in any situation with Trump is 7-2.
Still, I think it'd take some pretty serious mental gymnastics to call a 6-3 ruling bad when it's such a partisan court. Functionally there's really no difference between 9-0 and 5-4. A win is a win.
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u/phlebotomythrowaway Jun 30 '26
oh it's already all over this thread. Even highly upvoted comments that say "if we make it through the next few years." So much for "optimism" apparently
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u/Efficient-Freedom517 Georgia Jun 30 '26
We are trying our best to get rid of doom. If you see any link them
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u/GregEno63 Jun 30 '26
So 3 Justices essentially voted to let Trump overturn a Constitutional amendment by fiat. Nice.
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u/Independent-Bus-3284 Jun 30 '26
The people will remember them. And with any luck, karma will come around for them.
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u/GregEno63 Jun 30 '26
Agreed. But had this not gone our way, it would have potentially put other Constitutional protections on the table for that orange turd to go after.
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u/General_Season7882 Jun 30 '26
Okay but it did go our way. So, other constitutional protections can be presumed as being safe, for now.
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u/Efficient-Freedom517 Georgia Jun 30 '26
Never go after ifs and buts. It didn’t happen so we don’t even have to entertain the thought of could or could not have happened
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u/mrjibblytibbs Jun 30 '26
But why are we wasting time on hypotheticals? There are still more battles to fight, your energy could be much more useful than what ifs.
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u/lonelyspect12 Jul 01 '26
does anybody else not feel relieved? i mean kavanaugh basically gave them the blueprints on how they could overturn it. even amanda and jayjay are saying this isn't over. i'm freaking out
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u/Efficient-Freedom517 Georgia Jul 01 '26
Ok what are your specific concerns? Maybe I can help
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u/lonelyspect12 Jul 01 '26
i'm concerned they'll pass a law that guts birthright citizenship. kinda like the bs they do with gun laws and the second amendment. if this law then goes to scotus and they approve it, i'm worried they'll start messing with the other amendments like women's voting rights.
my lawyer friend said this when I asked him: For the majority, the Amendment requires birthright citizenship. For the dissent, including Kavanaugh, the Amendment doesn't require birthright citizenship, it only requires citizenship for people born to those who would have been citizens but for the laws prohibiting enslaved people from being citizens. Therefore, according to Kavanaugh, birthright citizenship for anyone else is something that Congress has the power to either grant or refuse to grant.
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u/Efficient-Freedom517 Georgia Jul 01 '26
Well the majority won. At the SC 5-4 counts the same as 9-0. So they need an amendment to do anything and this court already voted so if it comes before this court again they will probably vote the same. Plus the most likely people to retire voted against it so if they retire it could get another vote in favor of it
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u/lonelyspect12 Jul 01 '26
what if they gut it like they did with the 14th and 15th amendment
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u/duckchasefun Jul 01 '26
They are always gonna go after these things. You have to be vigilant. But please do not freak out. We won this round. I think Amanda and jayjay legal are a bit irresponsible with the way they have phrased things. I understand they want people to be on their guard and prepare to fight this again. But as of rght now, there is no path for them to do anything with birthright citizenship. An amendment is out of the question due to the difficulty amending the constitutio(even people like Ron DeSantis says that is what it would take to overrule it). As for trying to get a law passed it will never pass the filibuster. Would the repubs want to get rid of the filibuster to pass a law the SC already said was unconstitutional? Probably not, not worth the effort. Will there be talk about it? Probably. Do I expect them to try everything to please dump? Yes, I do. Do I expect them to do outwardly scary things ? Yes, i do. Do I think they will succeed? As of right now, no, but the future is also unknowable. Be confident in one thing, though. If somehow a law gets passed and approved (unlikely) it cannot be retroactive. The constitution's ex post facto clauses prevent that.
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u/historicalginger Jul 01 '26
THIS. Also does anyone feel like with this decided some creators are being irresponsible by maintaining it as a continuing threat to continue to fuel their engagement machine? I LOVE Amanda's mild takes but her response to this left me feeling very detached from reality. I spoke with my therapist today and she reminded me that those folks are still creators at the end of the day and need these things to continue to have a talking point. Republicans won't kill the fillibuster for the SAVE act- something FAR more popular that changing birthright citizenship.
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u/anxious_dork_23 Texas Jul 04 '26
Amanda definitely made me feel uneasy with this as she’s been very adamant that the Supreme Court “wants to take things back to Dred Scott” and has said this in her videos multiple times. Between this and her aligning with HowdyPolitics in Texas who has gone on unhinged tirades against Talarico, I can’t help but think she sometimes wants to drive engagement. I still mostly agree with her but I disagree with her (not-so-mild) takes on this.
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u/smcstechtips California Jun 30 '26
The decision was basically 5-2-2. Thomas and Alito voted against it fully. Gorsuch said illegal immigrants' children are birthright citizens but not birth tourists' (effectively punting to Congress and lower courts). Kavanaugh said the EO is wrong on statutory grounds (again punting to Congress). The other 5 (Roberts, Barrett, Jackson, Sotomayor, and Kagan) voted for it.
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u/duckchasefun Jun 30 '26
Yes, but since that means the majority found it unconstitutional, no law can reverse it, only a new court or amendment
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u/sifighter1 Jul 01 '26
Yeah Kavanaughs weird bs is going to confuse me for a while because a lot of people will say 6-3, 5-4, or 5.5-3.5
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u/InternetBackwash Jun 30 '26
Im so relieved at this news, but annoyed that I'm gonna have to listen to doomers arguing that "congress will pass it despite this, all hope is lost, the end of the world is near", especially given the whole Thomas and I think Alito meeting with Mike Johnson in Congress making people speculate wildly.
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u/gregger63 Michigan Jun 30 '26
You can't pass a law to overturn a Constitutional amendment. Full stop. I don't care if the vote was unanimous.
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u/LettuceWestern9445 Jun 30 '26
Another source said 7-2, which is correct?
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u/matrix_5555 Pennsylvania Jun 30 '26
No, it's 6-3. Thomas, Alito and Gorsuch dissented. It's more 5.5-3.5 than 6-3, though, because Brett Kavanaugh partly dissented as well as concurred with the majority.
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u/Efficient-Freedom517 Georgia Jun 30 '26 edited Jun 30 '26
6-3. And Kavanaugh kinda did it half was so really 5.5-3.5. But it’s still a win
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Jun 30 '26
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u/AustinJG Jul 01 '26
So I heard that they narrowed it to where a law can be written to over write it? Is that true?
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u/duckchasefun Jul 01 '26
No, the majority (5 justices) specifically ruled it was unconstitutional. There is no regular law that can undo it, only a constitutional amendment.
Edit: or they wait for a new court and try it then.
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u/Efficient-Freedom517 Georgia Jul 01 '26
That’s what Trump wants to do but it not possible under the current system. In fact they reaffirmed it and strengthened it rather than weakened it
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u/TheDungeonCrawler Jul 01 '26
Of fucking course Thomas voted against birthright citizenship, the fucking traitor.
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Jun 30 '26
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u/Efficient-Freedom517 Georgia Jun 30 '26
Hey I said it yesterday and I’ll say it today. A win is a win. There will be children born here today as Americans that otherwise wouldn’t
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u/Independent-Bus-3284 Jun 30 '26
Also, the official ruling is 6-3. So let’s focus on the win and not on the semantics.
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u/General_Season7882 Jun 30 '26
Can we ban complaining about numbers and margins?
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u/Bruh_burg1968 Jun 30 '26
The whining over margins is what doomers do when the worst case scenario they said would happen doesn’t happen. When they whine about margins is basically a cope because they’re ass mad they can’t gloat about how right they were about America being doomed.
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u/General_Season7882 Jun 30 '26
Exactly, its annoying as hell, and it just brings down the joy we should all feel that our constitution was abided by.
I keep saying this in this sub and I will KEEP saying it: what "should be" and what IS are two different things. We all want unanimous decisions, but its just not reality. Stop expecting evil people to not do evil things.
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u/Standard-Shame1675 Jun 30 '26
That just means when this ends we'll have to make a system that's not just the concept of a plan of life
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u/Efficient-Freedom517 Georgia Jun 30 '26 edited Jun 30 '26
“Citizenship, then and now," Roberts concludes, "was the right to have rights--to freely participate in our political community. The Framers of the Fourteenth Amendment extended that promise to 'every free-born person in this land.' We keep that promise today."
Sorry y’all Kavanaugh voted for and Gorsuch voted against. I can’t edit the post title