#I don't hugely disagree with these opinions (we're clearly relatively closely politically alligned). but they are opinions
Explore tagged Tumblr posts
Text
I rarely comment on tumblr posts, so I'm going to hugely regret getting into this, but:
Saying "there's no way the Supreme Court will stand for ending the 14th amendment via executive order" seems like a huge misread of the situation to me. The top legal experts in the country said for decades that the Supreme Court wouldn't dare overturn Roe, they did. Experts said that the Supreme Court wouldn't grant Trump criminal immunity; they created a broader version of presidential immunity than anyone had imagined, without any constitutional basis. The Supreme Court will do whatever the six conservatives want it to do. That's all that matters, not what's legal, but what the conservative justices want. Do at least five of them want to allow an executive order to get rid of birthright citizenship? I don't know, but saying that they won't stand for it is wishful thinking. Supreme Court decisions are rarely all-or-nothing, maybe they'll strike part of it down but allow some of Trump's wish, maybe they'll strike it down but allow a new, slightly more palatable, version of the executive order (like the 2017 muslim ban), maybe they actually will strike it down. It's impossible to guess exactly what the Supreme Court will do, but they are currently on a roll of doing some absolutely heinous shit, so do not count anything out.
Saying that even Trump's appointees oppose his birthright citizenship policy is a foolish way of looking at things. What his appointees say is meaningless because conservatives frequently pretend to have moderate beliefs in order to become judges. Once they are judges, they're there for for life, so they get to backtrack on their previously stated beliefs with no consequences (for example see all six conservative Supreme Court justices saying in their confirmation hearings that they wouldn't overturn Roe). The guy cited in that article, judge James Ho is actually a perfect example of this. That article shows that he supported birthright citizenship before he became a judge, but in November he publicly agreed with Trump's policy that birthright citizenship doesn't apply to undocumented immigrants because they're "invading" the US.
Also, saying that Trump didn't remove remove the legal existence of nonbinary people, he merely removed legal recognition of them by federal agencies is dumb. Those are the same thing! If federal agencies (which are like 99% of how people interact with the federal government) don't legally recognize nonbinary people, then nonbinary people don't legally exist to the federal government. This is a distinction without a difference.
im so tired so here's a recap of what trump did today summarized and probably incomplete because we are in super hell:
End birthright citizenship (a.k.a the 14th amendment)
Remove the legal existence of non-binary people
Withdraw from the world health organization
pardon jan 6 people
#please don't take this as me trying to start an internet fight but...#for a blog called 'fakenewsfactcheck' like half of these “fact checks” are opinion#I don't hugely disagree with these opinions (we're clearly relatively closely politically alligned). but they are opinions#to be clear everything I said above (except the one thing I cited) is my opinion. I'm not trying to present my legal analysis as fact
9K notes
·
View notes