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no_hypocrisy

(55,886 posts)
Fri Jul 3, 2026, 11:48 AM Jul 3

The SCOTUS decision re birthright citizenship

By the four Justices who dissented (or effectively dissented), it occurs to me that these Justices were ready to overrule the case that gave SCOTUS the right to interpret the Constitution: Marbury v Madison.

M v M decided that only the United States Supreme Court could ultimately interpret and decide what the Constitution means. Not the President. Not Congress.

While there will be scholars who claim that these four (treasonous) Justices were merely interpreting the Constitution, I disagree. They were re-writing the Constitution on behalf of either (or both) the President and/or Congress.

As for Kavanaugh, his concurrence didn't touch the 14th Amendment. He claimed that Congress could draft and enact a new statute that would pass constitutional scrutiny and be declared valid. Not even a sentence about "amend the Constitution if you feel that strongly about it."

Big talk for so-called "Originalists" who claimed that either it's plainly written and interpreted or it's not.

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The SCOTUS decision re birthright citizenship (Original Post) no_hypocrisy Jul 3 OP
The only thing original about them is their overt malaise Jul 3 #1
"They were re-writing the Constitution" J_William_Ryan Jul 3 #2

malaise

(300,061 posts)
1. The only thing original about them is their overt
Fri Jul 3, 2026, 11:51 AM
Jul 3

racism and belief in the subservience of women

J_William_Ryan

(3,703 posts)
2. "They were re-writing the Constitution"
Fri Jul 3, 2026, 12:16 PM
Jul 3

Worse, they were ignoring settled, accepted precedent.

Indeed, this conservative Court has demonstrated its contempt for settled, accepted precedent.

And ‘originalists’ are infamous for their hypocrisy, using originalist dogma as justification for ignoring precedent they don’t like because it conflicts with their partisan beliefs.

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