I have often wondered where the ninth gets the power to subjugate courts in the remaining Federal districts. How can the ninth issue an injunction that binds a court in the third district?
Perhaps it is time for a conservative court to issue an injunction against a ninth district gun law...
Not sure if the citizenship rights are detailed in the Constitution or other US Statues. But if Pres Trump signs an executive order, the Supreme Court may have to over rule, if the citizenship is covered by the Constitution or US Statutes.
When it comes to foreigners and their children, the State Department issues citizenship. Or not. Contrary to popular belief (especially of State Department employees), the Department of State is an Executive branch department, subject to the lawful orders of the President. And this order would not be unlawful, therefore it is lawful.
Per Marbury (spit) it is only the court that decides.
Apparently, the current argument is the E.O. the proper means to go about this? The court would only have to rule on the lawfulness of the E.O. itself and not the broader subject of the 14th. That would be a narrow ruling as compared to a fuller consideration of the current interpretation of the 14th.
It seems to me that President Trump intends to use the E.O. as like a writ of certiorari to force a decision by the court.
Alternatively, it would take a legal suit from someone who is claiming discrimination per the Equal Protection clause. I believe such plaintiff would have to show actual harm and to show they are under the jurisdiction per the 14th. How an illegal alien would show that is beyond me.
Hmm... I've seen several opinions on this subject recently, all from people more learned on it than me. I agree that the steps that Gettoputer lays out are more than likely what will happen. However, I'm not sure about his conclusion of the SC saying that Congress needs to rule on the issue. I know that there are many areas of immigration law where Congress HAS given the Executive sole decision making power, as part of his foreign policy purview, and I can see an argument that this is one and that, to the contrary, Congress would have to act to take it away from him...
I have often wondered where the ninth gets the power to subjugate courts in the remaining Federal districts. How can the ninth issue an injunction that binds a court in the third district?
ReplyDeletePerhaps it is time for a conservative court to issue an injunction against a ninth district gun law...
Not sure if the citizenship rights are detailed in the Constitution or other US Statues. But if Pres Trump signs an executive order, the Supreme Court may have to over rule, if the citizenship is covered by the Constitution or US Statutes.
ReplyDeleteWhen it comes to foreigners and their children, the State Department issues citizenship. Or not. Contrary to popular belief (especially of State Department employees), the Department of State is an Executive branch department, subject to the lawful orders of the President. And this order would not be unlawful, therefore it is lawful.
ReplyDeletePer Marbury (spit) it is only the court that decides.
ReplyDeleteApparently, the current argument is the E.O. the proper means to go about this? The court would only have to rule on the lawfulness of the E.O. itself and not the broader subject of the 14th. That would be a narrow ruling as compared to a fuller consideration of the current interpretation of the 14th.
It seems to me that President Trump intends to use the E.O. as like a writ of certiorari to force a decision by the court.
Alternatively, it would take a legal suit from someone who is claiming discrimination per the Equal Protection clause. I believe such plaintiff would have to show actual harm and to show they are under the jurisdiction per the 14th. How an illegal alien would show that is beyond me.
Hmm... I've seen several opinions on this subject recently, all from people more learned on it than me.
ReplyDeleteI agree that the steps that Gettoputer lays out are more than likely what will happen. However, I'm not sure about his conclusion of the SC saying that Congress needs to rule on the issue. I know that there are many areas of immigration law where Congress HAS given the Executive sole decision making power, as part of his foreign policy purview, and I can see an argument that this is one and that, to the contrary, Congress would have to act to take it away from him...