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JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and
JUSTICE JACKSON join, dissenting.
Children born in the United States and subject to its laws are United States citizens. That has been the legal rule since the founding, and it was the English rule well before then. This Court once attempted to repudiate it, holding in Dred Scott v. Sandford, 19 How. 393 (1857), that the children of enslaved black Americans were not citizens.
To
remedy that grievous error, the States passed in 1866 and Congress ratified in 1868 the Fourteenth Amendment's Citizenship Clause, which enshrined birthright citizenship in
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the Constitution. There it has remained, accepted and respected by Congress, by the Executive, and by this Court.
Until today.
It is now the President who attempts, in an Executive Order (Order or Citizenship Order), to repudiate birthright citizenship. Every court to evaluate the Order has deemed it patently unconstitutional and, for that reason, has enjoined the Federal Government from enforcing it. Unde-terred, the Government now asks this Court to grant emergency relief, insisting it will suffer irreparable harm unless it can deprive at least some children born in the United States of citizenship.
See Protecting the Meaning and
Value of American Citizenship, Exec. Order No. 14160, 90
Fed. Reg. 8849 (2025).
The Government does not ask for complete stays of the injunctions, as it ordinarily does before this Court. Why?
The answer is obvious: To get such relief, the Government would have to show that the Order is likely constitutional, an impossible task in light of the Constitution's text, his-tory, this Court's precedents, federal law, and Executive Branch practice. So the Government instead tries its hand at a different game. It asks this Court to hold that, no matter how illegal a law or policy, courts can never simply tell the Executive to stop enforcing it against anyone. Instead, the Government says, it should be able to apply the Citizenship Order (whose legality it does not defend) to everyone except the plaintiffs who filed this lawsuit.
The gamesmanship in this request is apparent and the Government makes no attempt to hide it. Yet, shamefully, this Court plays along. A majority of this Court decides that these applications, of all cases, provide the appropriate occasion to resolve the question of universal injunctions and end the centuries-old practice once and for all. In its rush to do so the Court disregards basic principles of equity as well as the long history of injunctive relief granted to non-partes
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No right is safe in the new legal regime the Court creates.
Today, the threat is to birthright citizenship. Tomorrow, a different administration may try to seize firearms from law-abiding citizens or prevent people of certain faiths from gathering to worship. The majority holds that, absent cumbersome class-action litigation, courts cannot completely enjoin even such plainly unlawful policies unless doing so is necessary to afford the formal parties complete relief.
That holding renders constitutional guarantees meaningful in name only for any individuals who are not parties to a lawsuit.
Because I will not be complicit in so grave an at-
tack on our system of law, I dissent.
6-3 in favor of Trump in the birthright citizenship caseโ
which at this stage was only about about nationwide injunctions.
But Sotomayor brings it back to what this is really aboutโletting Trump get away with lawlessness. Her dissent is another banger which she is reading from the bench:
27.06.2025 14:25 โ ๐ 706 ๐ 245 ๐ฌ 17 ๐ 13
UNSUBSCRIBE
25.03.2025 05:28 โ ๐ 4 ๐ 0 ๐ฌ 0 ๐ 0
GFY, coward.
15.03.2025 17:48 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
Ah yesโฆa play out of the olโ WMD book. Classic. ๐คฆ๐ฝโโ๏ธ
10.03.2025 17:17 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
Trump Slump and Trump Bumps. Are we โgreat againโ?
10.03.2025 17:10 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
Ahhh yesโฆa okay right out of the olโ WMD playbook. Got it.
10.03.2025 14:33 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
Iโd like to buy a vowel, please.
23.02.2025 14:54 โ ๐ 3 ๐ 0 ๐ฌ 0 ๐ 0
Imagine being so enamored by money and fame that youโd let that blob of flesh roll around on top of you. ๐คข
23.02.2025 06:04 โ ๐ 1 ๐ 0 ๐ฌ 1 ๐ 0
As they should! What self respecting artist would associate with that asshat? Let Kid Rock, The Nuge and Lee Greenwood play it until the end of time.
22.02.2025 16:45 โ ๐ 3 ๐ 0 ๐ฌ 0 ๐ 0
Weโre so fucked.
20.02.2025 21:15 โ ๐ 3 ๐ 0 ๐ฌ 0 ๐ 0
Talk about DEI hireโฆ๐คฆ๐ฝโโ๏ธ.
20.02.2025 21:12 โ ๐ 14 ๐ 0 ๐ฌ 0 ๐ 0
This is what they want. ๐คฆ๐ฝโโ๏ธ
15.02.2025 05:08 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
*pissed* off
10.02.2025 04:37 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
Then I turned the channel. ๐คท๐ฝโโ๏ธ
10.02.2025 04:29 โ ๐ 10 ๐ 0 ๐ฌ 1 ๐ 0
I hear you. I got irrationally irritated. Maybe rationally. I was just surprised at how oussed off I got at the sight and sound of the orange turd not in a clip chopped up on social media purely to illustrate what a waste of skin he is.
10.02.2025 04:28 โ ๐ 29 ๐ 1 ๐ฌ 2 ๐ 0
Not so much during. They plopped a softball 10 min interview with him in the pregame. Iโm assuming most of us left the room or switch channels. F that guy.
10.02.2025 04:14 โ ๐ 99 ๐ 1 ๐ฌ 4 ๐ 0
Why does this mope salute? Heโs not military. Never been of service. What a POS.
10.02.2025 04:10 โ ๐ 17 ๐ 1 ๐ฌ 0 ๐ 0
Still shaking my head at the silt that tried to engage. Uneducated and ignorant trolls get blocked. Itโs easy. ๐คท๐ฝโโ๏ธ
07.02.2025 02:11 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
What makes him different from any other Christian/White Nationalist that are already embedded in this administration? This no name is a pittance of a sacrifice while the rest of them get away with breaking every constitutional law possible.
06.02.2025 22:24 โ ๐ 3 ๐ 0 ๐ฌ 2 ๐ 0
2nd best news today because obviously Mitch McConnell falling down stairs is 1st.
06.02.2025 05:47 โ ๐ 1 ๐ 0 ๐ฌ 0 ๐ 0
This is humiliating. Embarrassing. Frightening.
06.02.2025 04:20 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
So glad to see some of my favorite accounts from threads starting up here as well as friends and family from FB. The sooner I can extract my data from Meta, the better.
04.02.2025 06:39 โ ๐ 4 ๐ 0 ๐ฌ 1 ๐ 0
Youโve gotta be shitting me. Is there no end to this lunacy?
03.02.2025 22:26 โ ๐ 1 ๐ 0 ๐ฌ 0 ๐ 0
Et tu, @corybooker.com ? I mean- the whole damn list is disappointing. There literally shouldโve be one D on there. Boy do we suck.
02.02.2025 06:22 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
Good Morning! Buenos Dias!
01.02.2025 19:31 โ ๐ 19320 ๐ 2492 ๐ฌ 229 ๐ 112
Opinion | The Dumbest Trade War in History
Trump will impose 25% tariffs on Canada and Mexico for no good reason.
So the plan to lower housing is to tax the ever loving F out of the building materials coming from our neighbor to the north while simultaneously deporting those that build. We are so Fโd.
www.wsj.com/opinion/dona...
01.02.2025 16:28 โ ๐ 1 ๐ 0 ๐ฌ 0 ๐ 0
Brilliant.
31.01.2025 23:42 โ ๐ 0 ๐ 0 ๐ฌ 0 ๐ 0
Thank you for the profile disclaimer. ๐๐
30.01.2025 16:29 โ ๐ 1 ๐ 0 ๐ฌ 0 ๐ 0
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