On the final day of the judicial session before summer recess, the US supreme court, in a six to three ruling delivered a sharp rebuke to Trump’s long-standing interpretation of the constitution, rejecting the executive order issued on the first day of his second term which sought to bar citizenship, against the guarantees of the XIV. amendment, for babies born on US territory of parents in the country without legal status or who are living or working here only temporarily. Chief justice John Roberts, writing the majority opinion, contended that the legislation adopted during reconstruction after the civil war purposefully defined citizenship broadly as a buffer against those who wanted a more limited and narrow standard of who counts, and does not apply only to recently the emancipated enslaved and their descendants according to legal norms and precedent that have held for over one hundred sixty years since its enactment.
The only substantive legal challenge, the court cited, reaffirmed this understanding with the 1898 case of Wong Kim Ark, a young cook in Chinatown born and raised in San Francisco, to Chinese immigrant parents—who were undocumented as no documentation was required at the time. Ark’s parents eventually returned to China with their son visiting them and denied reentry upon his return to California on the grounds Ark was not a citizen, a claim disputed all the way up to the supreme court with Ark winning his appeal at another juncture in history when sentiment against outsiders was very high and the Chinese exclusion act just coming into force. The amendment itself was in reproach to the odious Dred Scot decision that said persons of African heritage could not be citizens, vacating the previous ruling and denying it was “blood and not soil” that make an American. Conservative justices Clarence Thomas, Samuel Alito and Neil Gorsuch filed dissenting opinions, premised mostly on the argument that children of foreigners have split and competing allegiances.
synchronoptica
one year ago: the Quiberon peninsula (with synchronoptica)
two years ago: the Holy Mountain of Varese
three years ago: US supreme court nullifies Biden student loan forgiveness plan plus the Night of the Long Knives (1934)
four years ago: International Asteroid Day, Snake Island, documenta 5 plus assorted links to revisit
five years ago: more links to enjoy plus leap seconds
six years ago: France’s video-text service, Wuthering Heights, a Dadaist art exhibition (1920) plus a failed world car prototype









