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Anyone who falls for the originalism argument clearly misses the point of the founding fathers establishment of a changeable constitution. Their whole point was that they couldn’t predict the future needs of the country and left a way to evolve the constitution without risking basic bill of rights.

Originalism is voodoo legal interpretation. Leaving aside the fact that judges are hardly competent historians, nor do they have the time to be. But why should we be bound by the 250 year old preferences of a few people we can identify and who left historical cookie crumbs?

Judge Thapar's parents are immigrants who I'm assuming are now citizens.

Judges trying to remove there expectations of safety

An openly partisan jurist comfortable unmasking. No judicial restraint. No respect for stare decisis. Answering an unasked Q of law. Every jurist is aware that judicial minimalism is the goal. Law evolves and refines itself slowly to be a stabilizing societal force. He knows what he’s doing.

Huh. When they took away the 4th A rights of likely immigrants, the public never thought it would be done to anyone else so they blessed it. Today, ICE operates indiscriminately under that, effectively gutting 4A. If they can take away anyone's rights, they can take away anyone's rights.

One could be forgiven for inferring that this ruling is meant explicitly to assist the courts in overruling the 14th amendment. I guess I thought there was a process for amending the constitution but I was a fool to believe in the US.

I'm amazed Thaper grew up in affluent and diverse Troy, MI and hold these beliefs.

I'm sure the NRA will be all over this

Noncitizens are not "persons"? Interesting.

It took me 9 femtoseconds to guess who had nominated him to the CCA. 🙄😡

We did NAZI that coming....

Dropping hints for next litigations in opinions.

Sweet Jesus

Not so shocking after reading this. Anyone who admires Clarence Thomas & suggests his rulings rest on his “profound humanity” has a screw loose no matter how many academic degrees they hold or what their profession.

What is crazy is that not too long ago, this sort of nutter butter 'legal reasoning' would have served as an absolute bar to appointment because of Senate confirmation. Sad they abdicated their power

Way to absolutely mangle Verdugo-Urquidez

That’s not how the Constitution works. Like… At all.

Not a lawyer, but this sure sounds like he's trying to set an alternate scaffolding for separate but equal

This is idiotic. Is he trying to give Thomas ideas if the case goes up to SCOTUS?

Not so shocking if you consider that the judge is a fascist piece of shit

Yikes!!

"Our constitution (which contains explicit clauses, exceptions and clarifications for non-citizens in certain sections) doesn't apply to non-citizens at all, actually!"

Shall not be infringed, until it's ideologically convenient for me

Did this guy ever read the U.N. Human Rights declaration? www.un.org/en/about-us/... And does he know its relevance to the rights and treatment of human beings in this country?

Universal Declaration of Human Rights | United NationsA milestone document in the history of human rights, the Universal Declaration of Human Rights set out, for the first time, fundamental human rights to be universally protected. It has been translated...www.un.org

Jfc

Performing for Leonard Leo.

roberts and the other clowns gave all these wackos "permission" to start editing, deleting, inserting new paragraphs into the constitution.

#auditiontape

If you have no rights you are bound by no laws simply because they have no need of them.

When the Constitution means "only citizens have this right" it says so explicitly. Most of the time it refers to rights of persons.

That’s just flat out wrong.

I don't expect that militia members called up in 1776 had immigration documents. Are today's undocumented immigrants not members of the militia?

Contradicts 14th Anendnent.

What Thapar is doing here is not law, as I understand it. It is a purely bad-faith attempt to strip long-established rights from vulnerable people. This is no different from how the fucking Nazis started.

Third Circuit too -- Paul Matey is big on this line of "reasoning". samsramblingss.substack.com/p/un-persons

Un-personsDissent argues that immigrants lack fifth amendment rightssamsramblingss.substack.com

I'm glad they upheld the law, even though I have doubts about the reasoning.

Does Boalt Hall know he would uphold Dred Scott?

That seems not only incorrect, but also mean-spirited

Completely unsurprising, imo. Team Coup has long fantasized about a legal system that does not recognize Constitutional rights for all.

This is a startling read of history & precedent. He has a lot to distinguish. But for him, Supreme Court precedent isn't very relevant when its not tied to originalist reasoning? & the Alien & Sedition Acts are *positive* evidence for how to interpret the 1st Am? Bring back seditious libel, anyone?

Trump appointee, so not surprising at all.

The Supreme Court hasn't written about it a great deal, but current law is that foreign nationals have weaker First Amendment protections than citizens: they cannot make contributions to political campaigns. (I'm not opposed to this restriction; just noting that noncitizens are treated differently.)

This is so fucked up.

I’ve said it before, and I’ll say it again 🔮: Ho and Thapar will be nominated after Alito and Thomas retire next summer before the midterms