Author Topic: The Kavanaugh Opening: The Road Beyond Executive Power in the Birthright Citizenship Debate  (Read 47 times)

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Online Luis Gonzalez

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The Kavanaugh Opening
The Road Beyond Executive Power in the Birthright Citizenship Debate

The Last Wire

Every outlet covering Trump v. Barbara is calling Kavanaugh's opinion a "concurrence."

It isn't.

He dissented from the majority's constitutional reasoning while voting for the result, then handed Congress a narrower, statutory road the majority never closed, one they themselves called internally inconsistent.

Quote
Six votes to affirm the judgment. Five votes for the reasoning behind it. That gap is not a technicality. It is the whole story.

The Last Wire breaks down what Kavanaugh's opinion actually says, where the majority pushed back on him directly, and why the next round of this fight happens in Congress, not the courts and not the White House.

Full breakdown at The Last Wire

« Last Edit: Today at 08:08 am by Luis Gonzalez »
“Perhaps we’ll have some answers, at least, before the end. I always dreamed of dying well-informed.” ― Joe Abercrombie, The First Law Trilogy

"The growth of knowledge depends entirely upon disagreement." — Karl Popper

“Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place." — Frederic Bastiat

Online Luis Gonzalez

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“Perhaps we’ll have some answers, at least, before the end. I always dreamed of dying well-informed.” ― Joe Abercrombie, The First Law Trilogy

"The growth of knowledge depends entirely upon disagreement." — Karl Popper

“Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place." — Frederic Bastiat