1/25
Courtney Milan
For everyone saying that SCOTUS can’t constitutionally end birthright citizenship… look, they’re not going to come outright and say “we overrule the 14th amendment of the United States.”
They’ll to do it the way they’ve overruled our other rights: by chipping away at it until nothing’s left.
2/25
Courtney Milan @courtneymilan.com
First, they will say “oh, we fully support the 14th amendment, a very great amendment, which says that everyone who is born in and subject to the jurisdiction of the United States is a citizen, but what does it MEAN to be subject to the jurisdiction of the US?”
3/25
Courtney Milan @courtneymilan.com
The first thing they’ll do is find a test case: probably a person who was born here, with undocumented parents, who has committed a crime so horrible that nobody will want to defend what they did.
4/25
Courtney Milan @courtneymilan.com
And they’ll say, “See? This person was not subject to the jurisdiction of the United States: their parents were undocumented, meaning they weren’t subject to the jurisdiction of the US, and they violated our laws, showing they didn’t accept the jurisdiction of the US.”
5/25
Courtney Milan @courtneymilan.com
Never mind that this person is very obviously subject to the jurisdiction of the United States, since you can charge them for a crime.
That’s what they’ll do, and if anyone protests, they’ll try to shut you up by saying “ARE YOU DEFENDING THIS RAPIST? SO MUCH FOR CARING ABOUT WOMEN.”
6/25
Courtney Milan @courtneymilan.com
Then they’ll move it up a step: they’ve then established the principle that undocumented people aren’t subject to the jurisdiction of the US, and so they’ll do it to someone who isn’t a criminal.
7/25
Courtney Milan @courtneymilan.com
Then they’ll do it to criminals born to people born in the US whose parents were here legally, but who were not citizens. Then people whose parents were citizens, but had flaws in their naturalization paperwork. Then to people whose parents were born here, but whose grandparents were undocumented.
8/25
Courtney Milan @courtneymilan.com
They’re going to take one tiny step at first, and that step won’t impact you directly, and so they’ll gamble that most people will just let it slide.
You cannot let the first step slide.
9/25
Courtney Milan @courtneymilan.com
They will rebuild Dred Scott in pieces—a decision that held that Black men could not be citizens of the United States, and therefore were not able to bring a lawsuit in federal court to be declared free.
10/25
Courtney Milan @courtneymilan.com
And the entire time, they will call themselves “originalists.”
That is who they are.
11/25
Justin Alexander @alexandrian.bsky.social
At least 90% of conservative legal theory is literally just "let's pretend the 14th amendment doesn't exist."
I dunno why the birthright clause would be the exception.
12/25
jadehawk @jadehawk.bsky.social
"For everyone saying that SCOTUS can’t constitutionally end birthright citizenship"
o...kay...? aside from the meta-fact that technically they determine what's constitutional as their job... how is that relevant? they decided made up stories have standing, there are no rules anymore
13/25
facetime geranium @sophienotemily.bsky.social
you know who I feel bad for is Justice Jackson. arriving at the Court just in time to watch the full-on shytshow it has become
14/25
jadehawk @jadehawk.bsky.social
yes. having to think of her future as just one long fight against all these fukkmuppets. it fukking sucks
15/25
Mike Keating @mikekeating.bsky.social
anyone still saying "uh, they cant do that, its against the rules" at this point is dangerously stupid
16/25
whoarewekidding.bsky.social @whoarewekidding.bsky.social
I don't think the people who came up with, campaigned on or believed "they're eating the dogs" really care much about the constitution
17/25
Dusty Biker @balme.bsky.social
100%
They DGAF
18/25
Stewart Tan @sstan99.bsky.social
Agree
We didn't think Roe was going to be overturned (the SC justices said it was settled law) until it was. All they need to do is work backwards from their desired conclusion and twist themselves into a pretzel until they "justify" their ruling.
19/25
Courtney Milan @courtneymilan.com
Oh, *I* thought Roe was going to be overturned. Anyone who was really watching the Court knew it would be.
20/25
Kate Davies @katedavies.bsky.social
The night
was first elected, I turned to my husband and said, well, there goes abortion rights. He thought I was overreacting. I’ve gotten a bunch of apologies since. I would have been thrilled to be wrong. Sigh.
21/25
Stewart Tan @sstan99.bsky.social
Although Dear Leader is the head of the R cult, a lot of the blame also goes to his enablers, with Moscow Mitch deserving special mention. He was able to block Obama’s pick and jam through ACB. Once Alitos wing had at least 5 justices, he went to town.
Oh well…
22/25
Kate Davies @katedavies.bsky.social
Oh, absolutely. When Turtle’s gambit succeeded, the writing was on the wall.
23/25
Stewart Tan @sstan99.bsky.social
Moscow Mitch talks (well, mumbles) from both sides of his mouth.
First time - it's too soon to the election to confirm an SC justice!
Second time - coming through, get out of the way!!!
24/25
Avon Loves Blake @avonlovesblake.bsky.social
I was really shocked when Australia (retroactively) ended birthright citizenship, by passing a law that if a baby born in Australia didn't have one parent who was a citizen or permanent resident at the time of their birth, the baby was not a citizen.
25/25
Avon Loves Blake @avonlovesblake.bsky.social
All persons born in Australia before 20 August 1986 were automatically citizens at birth regardless of the nationalities of their parents.
To post tweets in this format, more info here: https://www.thecoli.com/threads/tips-and-tricks-for-posting-the-coli-megathread.984734/post-52211196
bsky.app
Like using napalm to de-weed your yard.
