The Supreme Court Just Made America a Dangerous Place
The birthright citizenship decision is worse than you feared.
Secret pod: Bill sat in for Sarah today and we taped before the SCOTUS decision came down. The show will be out in a couple hours.
1. King Me
The Supreme Court issued its birthright citizenship ruling this morning and it’s worse than just about everyone feared it could be.
The Court’s ruling is composed of two main parts.
The first is its declaration that it is possible that the president can contradict the plain-text reading of the Constitution by issuing an executive order doing away with birthright citizenship.
The second is that lower courts can no longer issue nationwide injunctions against blatantly unconstitutional policies imposed by the executive. Injunctions must now be created on a patchwork basis.
I want to impress upon you how dangerous this is. SCOTUS has empowered the president to impose whatever he likes—irrespective of its constitutionality—and then prevented judicial overview except at the localized level.1 Meaning that we will now have two sets of laws. One that operates in Red America and one that Operates in Blue America.
Separate, but unequal. A house divided against itself.
I think the majority believes it is being clever—that it has found a way to pretend to give Trump a win while (they tell themselves) ackshually delaying a substantive verdict.
But what they have done is not mere make-believe. They have set in motion a calamity.
To understand the scope of this disaster, we’re going to have to dive deep.