General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIf Trump gets to appoint more justices, birthright citizenship WILL be gone
Just like Roe v Wade
Precedent or the Constitution means nothing to this court
ITAL
(1,447 posts)The most likely to step down by all indications is Alito. That wouldn't change the makeup of the court (other than just to have a younger radical on it)
Fiendish Thingy
(24,529 posts)Ocelot II
(131,871 posts)Fiendish Thingy
(24,529 posts)But I still think Alito and Thomas will retire before Trumps term ends, and it will be before the end of this year if Dems retake the senate.
Takket
(23,873 posts)I think they will both retire so drumpf can appoint loose cannon and that guy from Texas. Matthew something??? The guy the gop keeps filing all their cases in his court because he always rules in their favor.
Fiendish Thingy
(24,529 posts)As long as Dems expand the court in 2029.
Melon
(1,905 posts)If they are replacing one of the one who agreed. None of those are likely to leave soon.
If he repla es Thomas or Alito it literally wouldn't change anything. With those two it's as likely their replacement would be better for us.
Totally Tunsie
(12,241 posts)and would be sitting on the Court for decades. We and our children and grandchildren would be living with the ghost of chump through SCOTUS' decisions for way too long. It's not just the number of staunch conservative justices, but the length of their terms as well.
Boo1
(643 posts)But would they be as reliable as Alito and Thomas? Given that his picks are essentially hated by the right wing I think that's questionable.
Has Gorsuch been a more reliably conservative vote than Scalia?
Fiendish Thingy
(24,529 posts)That would only happen if Barrett, Roberts or one of the liberal justices retire in the next two years.
Wiz Imp
(10,866 posts)Kagan, Sotomayor, Jackson, Barrett & Roberts aren't going anywhere. Unless one of them dies, the court will continue to have a majority that upholds birthright citizenship.
standingtall
(3,207 posts)This Court is must be expanded period. There will be future attacks coming against birthright citizenship. Count on it. We shouldn't be think 2 to 4 years from now, more like 5 to 10 years from now and beyond. Birthright citizenship is not safe.
dalton99a
(96,349 posts)Kaleva
(40,481 posts)standingtall
(3,207 posts)Kavanaugh didn't vote to strike down Trump's executive order on constitutional grounds, but on the grounds of it violating federal law. So if Roberts is replaced with just one anti-birthright citizenship Judge and it gets back to the Court and is framed solely as a constitutional matter there is a good chance Kavanaugh changes his vote.
standingtall
(3,207 posts)but it would be huge mistake to think birthright citizenship is safe. The fact is the Supreme came closer today think striking down birthright citizenship then it did in 1898 we it was 6-2 with one Justice not voting. Today it was 6-3 and 1 of those 6 Justices only voted against Trump's executive order on the grounds of federal law not the constitution so it was really 5-4. This Court opened the door to future attacks on birthright citizenship. What the losing side of the case is thinking right now is the Court just needs 2 moreJustices like Thomas,Alito and Gorsuch or maybe just one because of Kavanaugh's explanation for siding with the majority. This should be a clear message to Democrats especially centrist who have been reluctant and sometimes even hostile to expanding the Court get their head out of their behinds and face the reality this Court must be expanded the foundational bedrock rights of Americans are hanging on by the skin of their teeth and some rights aren't surviving this Court be willing to do what needs to be done or we want have a party anymore.
31j20b3
(139 posts)We need to hedge against that.
Kaleva
(40,481 posts)31j20b3
(139 posts)Roberts and company do stick their wetted fingers into the wind to see where the wind is blowing
With suffiicient public clamor, an anti-birthright citizenship justice won't be added to the court by anyone