Peter Spiro

@peterspiro.bsky.social

Law prof, Temple U. All things citizenship

Since everybody’s doing it can’t resist posting this letter “in sisterhood” from Gloria Steinem to my mother circa 1978. Makes one nostalgic for the pre-Selectric era among other things

Bild

Most shocking thing about today’s birthright citizenship opinion: nobody, not even the libs, does anything with a century of practice consistent with the broad interpretation of the 14A. Total methodological surrender. We’re all originalists now, very much for the worse.

Almost certainly unconstitutional, at least under existing precedent (SCOTUS decisions in Afroyim and Terrazas). But it’s never going to get that far - too many on both sides of the aisle (start with Melania and Baron, and all those Italian and Irish dual citizens) who would fight to keep it.

Maarten Vink@maartenpvink.bsky.social · 10mo ago

This is nuts. Think that is the appropriate legal term for this 'Exclusive Citizenship Act' bill. Includes a generic clause that 'An individual may not be a citizen or national of the United States while simultaneously possessing any foreign citizenship.' (Sec 4(b)) What does that even mean?

This is nuts. Think that is the appropriate legal term for this 'Exclusive Citizenship Act' bill. Includes a generic clause that 'An individual may not be a citizen or national of the United States while simultaneously possessing any foreign citizenship.' (Sec 4(b)) What does that even mean?

Sahil Kapur@sahilkapur.bsky.social · 10mo ago

Sen. Bernie Moreno, R-Ohio, just introduced a bill to ban Americans from holding dual citizenship. The bill says that to “preserve the integrity of national citizenship, allegiance to the United States must be undivided.” It’s called the Exclusive Citizenship Act.

I don’t think anyone is prepared for what they just did w/ ICE. This is not a simple budget increase. It is an explosion - making ICE bigger than the FBI, US Bureau of Prisons, DEA,& others combined. It is setting up to make what’s happening now look like child’s play. And people are disappearing.

“Fraud” can be broadly defined so definitely cause for concern. SCOTUS 2017 decision below unanimously held that misrep must have been “material”. Courts exercise closer scrutiny here than with respect to immigration policies, but there are probably lots of cases in which govt still prevails.

supremecourt.gov

Maarten Vink@maartenpvink.bsky.social · last yr.

@peterspiro.bsky.social can we assume this still holds? “Under current policy, with the exception of naturalisation acquired through fraud or misrepresentation, it is impossible for the government to terminate citizenship without an individual’s cooperation.” hdl.handle.net/1814/36498

I'm still reasonably confident that it won't end this way, and that birthright citizenship is validated against the Trump EO. But if it does end this way (and who knows these days), it will a devastating blow to the Constitution as we have known it.

jamelle@jamellebouie.net · last yr.

i also think that it is only a matter of time before this court rewrites section 1 of the 14th to effectively end birthright citizenship. the 14th amendment is the chief obstacle to a legal regime of tiered citizenship and subordinate castes, and they will not let it stand.

It's bad, but thankfully not THAT bad. Class actions remain available (although have their own problems/limitations), and the Court defers on whether an injunction with a nationwide scope may be appropriate to grant to a state in some circumstances, like with the birthright citizenship order here.

ElieNYC@elienyc.bsky.social · last yr.

The main upshot of today's birthright citizenship ruling (that I'm still making way through) seems to be that each person victimized by an unconstitutional Trump order has to pretty much sue individually. Trump is free to act unconstitutionally to everybody individually.