Apparently Roe and Dred and taught them nothing.
Today a divided Supreme Court tried to unilaterally end the long-running national debate over common-law birthright citizenship by striking down President Trump’s executive order curbing 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. The Court got the law wrong because it tried to circumvent the principles of the Declaration of Independence in order to impose a preferred policy by fiat.
As with Dred and Roe, a political movement will arise to overturn this erroneous decision. And happily, as I argue elsewhere on this site, Congress has the power to do so.
Congress, do your job.
