The stupidity too ..
The fascism as well:
Trump believes that the Supremes did reverse birthright citizenship and that’s not true. But it did hand him a victory:
The justices decided in a 6-3 ruling that nationwide preliminary injunctions “likely exceed the equitable authority that Congress has given to federal courts.” The highly consequential decision takes away power from lower courts to reign in the federal government. For the majority, Justice Amy Coney Barrett wrote the injunctions should be narrowed “only to the extent that the [they] are broader than necessary to provide complete relief to each plaintiff with standing to sue.”
In a dissenting opinion, Justice Ketanji Brown Jackson called the majority’s decision “profoundly dangerous” because it “gives the Executive the go-ahead to sometimes wield the kind of unchecked, arbitrary power the Founders crafted our Constitution to eradicate.” Justice Sonia Sotomayor, also dissenting, blasted the Court for “shamefully” playing along with the government’s “gamesmanship.” She noted the administration did not try to argue that the birthright executive order is constitutional—an “impossible task”—but instead asked the justices to “hold that, no matter how illegal a law or policy, courts can never simply tell the Executive to stop enforcing it against anyone.”
The Trump administration—through the birthright citizenship case—argued that lower courts should not have as many tools to stand in the way of its agenda; the Supreme Court agreed. It enraged Sotomayor. “The rule of law is not a given in this Nation, nor any other. It is a precept of our democracy that will endure only if those brave enough in every branch fight for its survival,” she wrote. “Today, the Court abdicates its vital role in that effort. With the stroke of a pen, the President has made a ‘solemn mockery’ of our Constitution.”
The birthright case was not decided today and the complications the Court just created are massive. People would be citizens, depending on which state they were born or if the one they are in recognizes their citizenship — and nobody know who will determine that in the first place. So this is not over. And the atrocities this will create will be obvious by the time the Court takes the case:
“An infant would be a United States citizen and full member of society if born in New Jersey, but a deportable noncitizen if born in Tennessee.”
That can’t possibly work. They will either have to completely overrule the 14th Amendment, in which case we have another constitutional crisis or they will affirm its plain language. I wouldn’t make a bet on the latter.