In the 1898 case, two justices in their dissent interpreted “subject to the jurisdiction” to mean “exclusively subject to the justification”, and thus the amendment applies only when the person being born would otherwise be stateless.
Now it’s a strange take that requires inserting at least one word, and was settled by the SC in that case the other way, but this SCOTUS doesn’t really mind overturning precedent.
I am hopeful that at least two of the conservative justices balk at effectively having to imagine stuff not written. But if they did side with Trump, what would be the remedy? Easiest path would be to pass a law codifying the current understanding, but with this congress, that isn’t happening.
Here’s the thing about SCOTUS, they can say.
In the 1898 case, two justices in their dissent interpreted “subject to the jurisdiction” to mean “exclusively subject to the justification”, and thus the amendment applies only when the person being born would otherwise be stateless.
Now it’s a strange take that requires inserting at least one word, and was settled by the SC in that case the other way, but this SCOTUS doesn’t really mind overturning precedent.
I am hopeful that at least two of the conservative justices balk at effectively having to imagine stuff not written. But if they did side with Trump, what would be the remedy? Easiest path would be to pass a law codifying the current understanding, but with this congress, that isn’t happening.