Tennessee Files Amicus in Fourth Circuit in Lawsuit Over Birthright Citizenship

On February 19, the state of Tennessee filed this amicus brief in the Fourth Circuit in Casa, Inc. v Trump, 25-1153. This is one of the lawsuits challenging President Trump’s order on citizenship. Tennessee has filed in support of the Trump action, and says that the state is being harmed by illegal immigration, which is not exactly the same issue.


Comments

Tennessee Files Amicus in Fourth Circuit in Lawsuit Over Birthright Citizenship — 8 Comments

  1. For arguments sake, let’s agree that illegal immigration is harmful to Tennessee. The conventional interpretation of the 14th Amendment incentivizes illegal immigration. Then a misinterpretation of the 14th Amendment is harmful to Tennessee.

  2. Trump’s executive order is weak because it only applies to children born in the future. If children born already were incorrectly given citizenship, then why won’t their citizenship status be rescinded? The plaintiffs considered this:

    “Adelina … has been in the United States for seven years and is currently six months pregnant. Both Adelina and her partner are currently undocumented. Adelina has one other child, who was born in the United States and is a U.S. citizen. She wants her unborn child to have the same rights and opportunities that she has seen her five-year-old child enjoy in this country.”

    As an analogy, if I buy stolen goods, I don’t actually own them, and I shouldn’t be permitted to keep them, but they should be returned to their rightful owner.

  3. A.C. —

    de facto stuff often —

    if a govt exec/judic officer was not legal, then his/her actions generally deemed legal.

    Olde pre-1964 gerrymander legislative bodies —–

    ALL their enacted laws deemed legal even if the entire body was elected in violation of 14-1 amdt ep cl since 1868.

  4. Adam Cerini: good point, but one step at a time.

  5. Citizenship should not be determined not by where the child exits the woman’s vagina. Rather, it should be determined by where the act of copulation that created the child took place. For example, an American woman and an American man copulate on vacation in Italy. Sperm meets egg. The couple returns to America an the woman gives birth. The child would be a citizen of Greece.

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