Apparently Roe and Dred and taught them nothing.
Today a divided Supreme Court tried to unilaterally end the long-running national debate over birthright citizenship by striking down President Trump’s executive order ending the practice.
Just as with Dred Scott and Roe v. Wade, five unelected lawyers in black robes tried to end a contentious national debate on a question of the first rank by bending the Constitution into a pretzel.
And as with those infamous decisions, the Court not only got the law wrong, it radicalized those who read the law in the light of the principles of the Declaration of Independence.
Today’s decision guarantees that a political movement will arise to overturn the decision. Happily, as I’ve argued, Congress has the power to do so.
Congress, do your job.