A hearing in a lawsuit filed in Seattle is set for Thursday morning, one of at least five cases already filed across the country challenging the executive order.
Can you talk about whether any of these plaintiffs can really establish standing.? I was assuming that a lawsuit would need to wait until a baby was born after the effective date of the order and that baby’s request for documentation of citizenship was denied.
IANAL, but I'm guessing the states have standing because they have to prepare for this and the mothers to be have standing because they face the choice of inducing labor to beat the deadline?
(I'd assume aftected families have standing in general, too. It takes decades to get sponsored for permanent residency if you're born in the wrong country, so a lot of families will be in this bucket)
Your zealous understanding of the federal filings against 34's EOs is amazing and your writing rushes the reader to the next contiguous filing igniting suspense. I hope there is a book somewhere in your future. Peace. We are in this together.
I don't mean to be overly cynical, but to what extent do court rulings really make a difference when Trump can/will simply ignore them? The Supreme Court gave him immunity, and Mike Johnson will never bring Articles of Impeachment. Any civil servant who refuses to go along will just be fired and replaced with a toady. How does any of this get enforced when the guy in charge of enforcing them refuses to?
I think Trump refusing to obey court orders is a serious risk we now face. However, I think the court does have some tools. For example, they can order specific federal employees or managers directly responsible for carrying out the function relevant to the ruling and hold them in contempt of court if they don't.
If they appear at the contempt hearing to argue their case and they are found in contempt, the bailiff, who answers the judge, will take them into custody and lock them in a cell. If they don't appear for the contempt hearing, the judge will issue a bench warrant for their arrest.
The the latter scenario, the question becomes, will federal law enforcement execute a bench warrant on a federal employee under these circumstances. Trump would be pretty much declaring full on war with the judiciary at that point. Which might happen, but I think that's the rough framework of it.
The Felon may have immunity, but Federal judges do too. 3 in DC who prosecuted his fellow Insurrectionists did dismiss their cases but ignored his order to do so with extreme prejudice, thus trying to change history. AND THEY WERE ALL WOMEN.
Not only the plain text of the 14th Amendment, which was upheld in Wong Kim Ark (1898) but there's 8 USC § 1401 which also states who is eligible for citizenship.
I think you should have a permanent link here to running tallies (newest on top, in bold type) of grounds for impeachment and reasons why Trump is incapacitated as defined by the 25th Amendment. Perhaps you will say that Vance will never exercise his powers under the 25th Amendment but I say, au contraire mes braves, he is merely waiting for the peak moment to stab Trump in the back. And while I do not think Vance is any way qualified for any office at least he is merely a stupid, evil person who does not manifest age-related cognitive decline or severe psychosis.
It described statelessness as a serious problem and something that shouldn't happen to people -- any people, anywhere. I wish I'd saved the page, because it was pretty explicit and was a stark contrast to Trump's intention to make hundreds of thousands of children stateless.
I had a prescient moment a few days ago. I was unaware of this impending order. I was explaining how Irish citizenship is jus sanguinis and not jus soli to someone who’d never known the laws.
Can you talk about whether any of these plaintiffs can really establish standing.? I was assuming that a lawsuit would need to wait until a baby was born after the effective date of the order and that baby’s request for documentation of citizenship was denied.
IANAL, but I'm guessing the states have standing because they have to prepare for this and the mothers to be have standing because they face the choice of inducing labor to beat the deadline?
(I'd assume aftected families have standing in general, too. It takes decades to get sponsored for permanent residency if you're born in the wrong country, so a lot of families will be in this bucket)
Chris,
Your zealous understanding of the federal filings against 34's EOs is amazing and your writing rushes the reader to the next contiguous filing igniting suspense. I hope there is a book somewhere in your future. Peace. We are in this together.
If just one of these fucks, including trump, were able to pass a citizen test, I would be shocked. Yet they feel entitled to do shit like this.
Thanks for detailing the cases. Didn't know there were four. And none filed in Texas.
Sometimes when you're not a lawyer, you can have a bit of fun with the insanity.
https://burningbird.substack.com/p/subject-to-the-jurisdictiontrump
But it is insanity, and contrary to everything that has made this country special. Only two days in, and I'm already exhausted.
I don't mean to be overly cynical, but to what extent do court rulings really make a difference when Trump can/will simply ignore them? The Supreme Court gave him immunity, and Mike Johnson will never bring Articles of Impeachment. Any civil servant who refuses to go along will just be fired and replaced with a toady. How does any of this get enforced when the guy in charge of enforcing them refuses to?
I think Trump refusing to obey court orders is a serious risk we now face. However, I think the court does have some tools. For example, they can order specific federal employees or managers directly responsible for carrying out the function relevant to the ruling and hold them in contempt of court if they don't.
If they appear at the contempt hearing to argue their case and they are found in contempt, the bailiff, who answers the judge, will take them into custody and lock them in a cell. If they don't appear for the contempt hearing, the judge will issue a bench warrant for their arrest.
The the latter scenario, the question becomes, will federal law enforcement execute a bench warrant on a federal employee under these circumstances. Trump would be pretty much declaring full on war with the judiciary at that point. Which might happen, but I think that's the rough framework of it.
The Felon may have immunity, but Federal judges do too. 3 in DC who prosecuted his fellow Insurrectionists did dismiss their cases but ignored his order to do so with extreme prejudice, thus trying to change history. AND THEY WERE ALL WOMEN.
Thank you for the detailed explanation.
Considering how much the Republicans love the unborn, we should demand that they strike down this flagrant attack on fetal rights.
Thanks for your diligent reporting!
I’m waiting for some state to apply BRC to voter registration.
Not only the plain text of the 14th Amendment, which was upheld in Wong Kim Ark (1898) but there's 8 USC § 1401 which also states who is eligible for citizenship.
I think you should have a permanent link here to running tallies (newest on top, in bold type) of grounds for impeachment and reasons why Trump is incapacitated as defined by the 25th Amendment. Perhaps you will say that Vance will never exercise his powers under the 25th Amendment but I say, au contraire mes braves, he is merely waiting for the peak moment to stab Trump in the back. And while I do not think Vance is any way qualified for any office at least he is merely a stupid, evil person who does not manifest age-related cognitive decline or severe psychosis.
I assume that Secretary Rubio will immediately remove this page from the State Department's website: https://www.state.gov/statelessness.
A couple of hour later, the "statelessness" page is already gone. I wish I'd saved a copy.
"A couple of hour later, the "statelessness" page is already gone. I wish I'd saved a copy."
What did it say? I'm not familiar with the page.
It described statelessness as a serious problem and something that shouldn't happen to people -- any people, anywhere. I wish I'd saved the page, because it was pretty explicit and was a stark contrast to Trump's intention to make hundreds of thousands of children stateless.
Thanks!
I had a prescient moment a few days ago. I was unaware of this impending order. I was explaining how Irish citizenship is jus sanguinis and not jus soli to someone who’d never known the laws.