SCOTUS Watch Thread

bnew

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1/11
@lionel_trolling
Amy Comy Barrett wrote that the 14th Amendment is "possibly illegitimate" in case you are wondering how a birthright citizenship decision might go

[Quoted tweet]
'..the possibly illegitimate Fourteenth Amendment..'
Amy Coney Barrett 2016


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2/11
@reflectronic
there is a reason why originalists always find a way to exclude the 14th amendment from their thinking



3/11
@ksjfdiewn332444
I'm no lover of ACB, but the flow of that argument is really the opposite of what you're saying because even an "originalist Justice" would not overturn "super precedents" like those examples because "no serious person would propose to undo [them] even if they are wrong".



4/11
@C_W_England
Did this not come up at the hearings? Seems like it should have been disqualifying.



5/11
@AsimovsGhostIII
Wait, if they're going to push an irregularity in ratification argument to suggest the 14th should be repealed, couldn't the same be argued of the Constitution's ratification as a whole?



6/11
@JamesMiles21
5th circuit already agrees

[Quoted tweet]
Judge Ho’s birthright citizenship walkback begins reason.com/volokh/2024/11/11…


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7/11
@kfgpnz
Do irregularities in the ratification of the constitution itself pose a problem for originalism? The Articles of Confederation could only be amended unanimously, so the constitution wasn't really the law of the land until mid-1790, surely? After Washington was already president!



8/11
@jmayerfeld
Would you consider posting on Bluesky? More and more people are leaving Twitter for Bluesky.



9/11
@SummerGleaming
Chuck it on the RBG legacy pile



10/11
@jacobtaber
In context, she is clearly describing thing that might arguably be unconstitutional under originalism but which the Courts would never set aside--she's not overturning the Fourteenth Amendment any more than she's going to hold that West Virginia is not a state.



11/11
@phylliswjordan
And West Virginia, too. Damn




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