SCOTUS Agrees to Hear ACLU Appeal of Trump’s Birthright Order — Beware of What You Wish For!

Our current US Supreme Court *selectively picks-and-chooses what cases to hear, as have those who preceded them. The difference however seems to be the lack of consistency* in their approach and/or decisions, and the way they often interpret the Constitution, and only follows precedents which seem to follow their agendas and favorites/priorities. Nearly all historians state definitively this Court is the most conservative and perhaps-right wing extreme, in recent memory. While most people realize there is a 6–3 supermajority on SCOTUS at this time, it is important to recognize, besides the 3 Justices nominated by Trump in his first-term based on what he believed was their loyalty and right-wing orientation, there are 2 others who have been on the Court for decades (Alito and Thomas), who are probably even-more extreme. The Chief Justice (Roberts) seems to like the public to believe he is more traditional, and while, in certain cases he has been so, more often he joins the present majority. Roberts’ past preferences and political loyalties are more than slightly conservative, Traditionally, many Americans believed our Constitution’s checks and balances (Balance of Powers) would protect us and provide a sort of safety-net, yet we have repeatedly witnessed this specific court has been anything-but the fair and impartial arbiter of the laws and Constitution, rhe Founders are believed to have sought! Even after Trump’s appointed Justices swore during their Senate hearings, when asked about Roe v Wade, saying basically their belief it was stated law, and they would treat it as such, at one of their earliest chances, gutted the Roe protections significantly. Although, before the 1990s, it was widely accepted that the 14th Amendment’s main focus and emphasis was on providing states a way to create and have a State Militia for protection, and a former Supreme Court Chief Justice basically proclaimed those using only the right to bear arms, as an excuse for near-unlimited gun rights, were conducting a fraud to benefit a power industry and gun lobby, but even after that, this Court has cherry-picked cases to further limit sane gun control regulations, such as reversing NYS’ 100-year old gun law! With that background and understanding in mind, this article will attempt to briefly consider, examine, review and discuss, potential ramifications and risks, versus hoped-for rewards, in the upcoming ACLU appeal of Trump’s Birthright order, and why it should matter.

The Fourteenth Amendment Section 1 (Amendment 14.S.1.1.2) is referred to as the Citizenship Clause doctrine. It states, specifically, “all persons born or naturalized in the United States, and subject to jurisdiction thereof, are citizens of the United States and the state wherein they reside.” Perhaps, when we realize the 14th Amendment’s Section 3, known as the Insurrection Clause, disqualifies anyone who previously swore an oath to support the US Constitution (as a federal or state official) from holding future office if they engaged in insurrection of rebellion against the U.S. or gave aid to its enemies, and many of those supporting Trump’s birthright order also seemed to provide support to those involved with J6 rebellions and Capitol takeover, one never can be certain what the current SCOTUS might do, nor what and how seemingly far-fetched their justification may be!

While many Constitutional experts believe the Birthright concept, as part of the US Constitution, should be a clear right, until/unless the Congress would potentially vote to reverse it by a 2/3 majority (which is highly doubtful), we have already witnessed this Court using apparent convoluted reasoning and selective interpretations, to justify their less-than-stellar decisions! Clearly, a Constitutional protection cannot be reversed based on any Executive Order, and that is what President Trump’s order seems to do, and only Congress has that power and authority!

The ACLU clearly believes it is essential to seek clarification from SCOTUS, a step they undoubtedly must believe would result in a ruling favorable to this issue! SCOTUS could have sent this down to a lower court, ruled without hearing that it was clear and protect the Birthright right, or a number of steps in-between. Logically, ACLU must believe they must take this step to protect a basic guaranteed US right and freedom, and that’s why they brought it to the Supreme Court, hoping to settle the issue definitely. While, the vast majority of Constitutional experts appear to believe this should be a clear-cut case, this is a scenario where there is a significant risk/reward scale, and unfortunately, the unpredictability of the current Court, means no one can be certain what and how they might decide.

If SCOTUS, especially those Justice’s who claim to be so-called traditionists, are actually true to their stated beliefs (especially Amy Coney Barrett, etc.), then this should be as close to an open-and-shut case, as we have witnessed. If birthright is a Constitutional protection, as it seems to clearly be, then only Congress (not anyone’s EO) can reverse and/or replace it! But will the Court find some roundabout convenient reasoning to once-again, do Trump’s bidding?

While ACLU wanted SCOTUS to accept this case and rule promptly, it reminds me of the expression about being careful what you wish for! This may actually end-up being a case which determines whether the USA remains a Constitutional democracy, or a selective one! SCOTUS may rule either way, and if they rule against birthright citizenship, and since so-many existing US citizens (interestingly, Trump himself was born of a mother who wasn’t a citizen at the time, has two oldest children born of a woman who wasn’t a citizen at the time, as well as his younger son who also was born of a woman who wasn’t a citizen when he was born) relied on birthright citizenship, and historically/traditionally, even-more did, it seems this nation potentially might be changed significantly into the future! This case may become a landmark one, and how SCOTUS rule will determine the future of this nation!

Wake up America. Pay attention. Don’t let fears, biases, hate, resentments, or following simplistic rhetoric, guide your path! If we want the USA to remain a Constitutional democracy, we must demand so now, and resist any efforts to the contrary!