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A quick note on the 14th amendment decision

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A SCOTUS that actually had five votes in favor of simply enforcing the Reconstruction amendments, which until recently was a fairly uncontroversial position this side of early-career Strom Thurmond, would have required the Trump administration to argue the substantive question of birthright citizenship immediately, instead of hiding behind a bunch of disingenuous procedural bullshit regarding the general question of under what conditions nationwide injunctions from district courts ought to be enforceable. They are treating an extreme constitutional crisis as if it were a contract dispute between a couple of oil companies because they are CHOOSING to treat it that way.

The reason Roberts et al aren’t deciding that question is that they don’t want to decide it, because they would prefer to let the Trump administration pursue a now basically open white supremacist legal agenda without interference from the Supreme Court.

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