Source: Gideon’s Substack
by Noah Millman
“[W]hile the conservative majority on the Court could in fact allow limitations on birthright citizenship without patently shredding the plain meaning of the 14th Amendment, it could still do so without actually affirming Trump’s executive order. It could say that the order doesn’t violate the plain meaning of the constitutional text, but does violate the understanding of that text embedded in numerous pieces of legislation, acts of Congress that implicitly or explicitly endorse the established interpretation of the clause. Therefore, it would require an act of Congress to affirmatively change that interpretation by enacting restrictions on birthright citizenship through legislation.” [editor’s note: But why would SCOTUS lie and pretend that the order doesn’t violate the plain meaning of the constitutional text? – TLK] (12/11/25)
https://gideons.substack.com/p/populism-democracy-and-choosing-the