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News & Current Events Mar 29, 2026 at 11:44 AM

Looking to limit birthright citizenship, Trump turns to an 1884 Supreme Court ruling against a Native American

Posted by Zipper222222


Looking to limit birthright citizenship, Trump turns to an 1884 Supreme Court ruling against a Native American man
NBC News
Looking to limit birthright citizenship, Trump turns to an 1884 Supreme Court ruling against a Native American man
Experts on Native American law say the Elk v. Wilkins ruling has no bearing on whether the children of immigrants without permanent legal status can be denied birthright citizenship.

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meninblck9 Mar 29, 2026 +1
Saved you the click “Experts on Native American law say the Elk v. Wilkins ruling has no bearing on whether the children of immigrants without permanent legal status can be denied birthright citizenship.”
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joat2 Mar 29, 2026 +1
Okay, and what would you bet that this supreme court will not be able to bend/twist/go against precedent... Yes this SC has gone against trump now and again, but you can't really rely on them to do the right thing and or what has clear precedent.
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mvallas1073 Mar 29, 2026 +1
I’ve found that SCOTUS only turns on Trump when money is involved (ie. Tariffs). Everything else so far seems fair game to them
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AlabamaHotcakes Mar 29, 2026 +1
I mean as long as Trumps sycophants in the supreme court votes the way he wants it doesn't matter what any other experts say.
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DifficultOpposite614 Mar 29, 2026 +1
Yeah, except the only experts this admin cares about is experts in racism
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Chaerea37 Mar 29, 2026 +1
in other news, looking to enslave non-whites trump looks to the [Dredd Scott vs. Sanford ](https://en.wikipedia.org/wiki/Dred_Scott_v._Sandford)decision What the f*** are we doing here people? Are we going to allow a dozen people to send us back in time to barbarism?
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Additional_Quiet2600 Mar 29, 2026 +1
Yes. Have you read Project 2025?
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BlueLikeCat Mar 29, 2026 +1
Charter schools in the South have allowed the segregation of educating children. I think everything gets worse before it gets better. Not sure how we get a progressive nationwide Democratic Party but the corporate shills get elected because inarguably the Republicans are worse. I guess people could start registering with the party and participating in primary elections? It’s like Joe Rogan and MTG have taken off their MAGA hats, but the stupid leading the stupid got us here and the billionaire kid rapers are in charge of media. Yeah, sucks, but I definitely think it gets worse before it gets better. Should’ve been millions in the streets after the “no more war” President started a surprise war with Iran. Iran is backed by Russia weapons and intelligence gathering. Trump dropped sanctions on oil and now Russia has full coffers for their illegal war. It’s bad, it gets worse.
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HistoricalBridge7 Mar 29, 2026 +1
The South segregates based on skin color. The northern states do it because on money. Look at the “best” schools in many states like MA, NJ, NY, CT, CA and IL. It is in the richest neighborhoods with the highest incomes and the most expensive homes and majority white. I actually feel tying property taxes to school funding is a mistake but that will never be changed even by the most liberal of people. Everyone loves yard signs and protesting but when you start taking their tax money it becomes a problem. Same with building “affordable” housing in rich areas and NIMBY.
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Gonnabefiftysoon Mar 29, 2026 +1
Yes.
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SweetChild1997 Mar 29, 2026 +1
Against native American? Trump is definitely the dumbest President the world has ever produced.
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KamKorn Mar 29, 2026 +1
I wish politicians with good intentions got this creative when trying to make things happen
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indianinboca Mar 29, 2026 +1
Its not politicians getting creative , its others in the admin giving him this
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47_47_47 Mar 29, 2026 +1
Yeah, Trump isn't turning to anything, it's whichever handler has their hand up his ass today... Probably Miller?
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DropC Mar 29, 2026 +1
Elk was not subject to US jurisdiction when he was born. US born Children from undocumented people are within jurisdiction (unless they were born inside a reservation too). It's not complicated.
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biasednotshyaboutit Mar 29, 2026 +1
I hate that Trump will get a victory on this. I have about zero hope THIS Supreme Court will uphold the constitution. I’m pretty sure Thomas and alito have opinions drafted already!’o
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we_are_sex_bobomb Mar 29, 2026 +1
Even if the court votes against him, there will certainly be no penalties for brazenly defying the constitution and in fact he will continue to do so after the ruling. He may even get an “opinion” in which one of the conservative justices offers him a “legal” pathway to break the law under a justification they find acceptable. It’s all gotten so predictable at this point.
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markroth69 Mar 29, 2026 +1
I'm cautiously optimistic. Now in a rational timeline, this would never have reached the Supreme Court and would have died in the district court that said it was the most [blatantly unconstitutional thing](https://www.pbs.org/newshour/politics/what-judges-have-said-about-birthright-citizenship-and-nationwide-injunctions) ever. But... The three liberals will of course vote against Trump. By invoking Indian law, Gorsuch will now probably vote against Trump. Indian law is his thing. At 4-4, Roberts will swing against Trump so at the very least he gets to decide what the court ends up saying. That could even swing Comey-Barrett in too. Of course in this coprolitic timeline...
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TheGringoDingo Mar 29, 2026 +1
At some point, they have to start realizing that Trump is a sinking ship and they can either get off the ship or sink with it. If they have to go 5-4 against statute every time, taking turns, so be it. I don’t think they’ll ever get Thomas or Alito to realize this, Kavanaugh is unlikely too.
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Full_Honeydew_9739 Mar 29, 2026 +1
I think it will be 6-3 minimum. You might see 7-2. It's all been laid out in https://supreme.justia.com/cases/federal/us/169/649/ The US didn't even start regulating immigration until 1891, years after the 14th amendment came to be. There was no such thing as "illegal immigrants." They're going to have to twist themselves in knots to figure out how to appease Trump if that's their goal. They won't be able to do it logically. Maybe 8-1. Thomas has no problem bending over but Alito is just a hair smarter.
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jadedflames Mar 29, 2026 +1
Fun fact, under this order, Marco Rubio would no longer be a citizen.
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Life-Celebration-747 Mar 29, 2026 +1
I hope the Native Americans put a curse on that piece of shit.
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OpenImagination9 Mar 29, 2026 +1
Great … Ted Cruz should stay in Cancun permanently.
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Additional_Quiet2600 Mar 29, 2026 +1
Isn't he Canadian tho?
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sayn3ver Mar 29, 2026 +1
He flees the country on "vacation" whenever a crisis arises. He was born in Canada. His mother was Canadian. His father was born in Cuba and fled to the U.S. He's literally a beneficiary of US citizenship and immigration policy.
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Additional_Quiet2600 Mar 29, 2026 +1
I agree. I guess I didn't understand your first comment.
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giraloco Mar 29, 2026 +1
But the part about a regulated militia doesn't mean what it means and we can't pass laws to prevent children's massacres. We may as well abolish the Supreme Court if they are going to ignore the law.
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RogaineWookiee Mar 29, 2026 +1
Oh so now prior precedents matter…?
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Incognito_Now Mar 29, 2026 +1
First, I am not supporting the position that native Americans are not "Americans " but in fairness, reservations are suppose to be "sovereign nations" given that they would not be part of the united states and people born there would not come under the 14th amendment. Again I don't believe this but present it as a rational argument for people born on a reservation only.
1
ikesbutt Mar 29, 2026 +1
Is he going there? Native Americans were here before he was born? Then let's deport him for being an immigrant.......... no ...let's deport half of American citizens for being immigrants you f****** idiot
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illhxc9 Mar 29, 2026 +1
This is so malignant and stupid. You can literally look up the discussions congress had when they passed the 14th amendment and argued over the wording. They had this argument then and purposely decided on the final wording with the intent of granting citizenship to children of non-citizens born in the US.
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