A good, rational analysis, but with regard to overturning precedent and reaching irrational conclusions, don't forget the old legal maxim, "Where there's a will, there's a way."
A good, rational analysis, but with regard to overturning precedent and reaching irrational conclusions, don't forget the old legal maxim, "Where there's a will, there's a way."
Yes, and the departure from the clear text and precedent and from Scalia jurisprudence ( if you want to call it that) could be explained away on some frivolous grounds ---Judge Bazelon's famous "The matter does not appear to me now as it appears to have appeared to me then " But: there are increasingly signs that lower courts and some state governments are not going to accept or respect decisions which are purely political. The Hawaii Supreme Court just issued a decision on gun licensing which not even politely disposes of Thomas' bonkers theories of the Second Amendment--- The Hawaiian Chief Justice said that the Constitution is not a "suicide pact" and the Supremes did not overturn the Hawaiian Decision.
I think Professor Vladeck's concern that the MAGAs will find some other, less direct way to justify their blind hostility to immigrants is a greater risk than the denial of Birthright Citizenship by the current Supreme Court.
A good, rational analysis, but with regard to overturning precedent and reaching irrational conclusions, don't forget the old legal maxim, "Where there's a will, there's a way."
Yes, and the departure from the clear text and precedent and from Scalia jurisprudence ( if you want to call it that) could be explained away on some frivolous grounds ---Judge Bazelon's famous "The matter does not appear to me now as it appears to have appeared to me then " But: there are increasingly signs that lower courts and some state governments are not going to accept or respect decisions which are purely political. The Hawaii Supreme Court just issued a decision on gun licensing which not even politely disposes of Thomas' bonkers theories of the Second Amendment--- The Hawaiian Chief Justice said that the Constitution is not a "suicide pact" and the Supremes did not overturn the Hawaiian Decision.
I think Professor Vladeck's concern that the MAGAs will find some other, less direct way to justify their blind hostility to immigrants is a greater risk than the denial of Birthright Citizenship by the current Supreme Court.