Don’t Freak Out When We Lose the Birthright Citizenship Case |
Are you ready to be sad? Because I’m not going to sugarcoat it for you. I’m not going to whistle a happy tune as I blow sunshine up your Schumer. We are not going to win the birthright citizenship case at the US Supreme Court.
It’s not going to happen for a number of reasons. I wish it would happen. I also wish I could get a unicorn for my birthday. It’s not going to happen, and I want to let you know why so you don’t freak out. It’s not the result of a conspiracy. It’s not because everybody else is stupid, one justice notwithstanding. It’s because that’s how the legal system works. You don’t have to like it. You do have to understand it if you don’t want to be emotionally incontinent every time something in a courtroom doesn’t go your way.
I respect you enough to tell you how it’s going to be. And it’s not going to be what you hope.
First, I’m not going to rehash the arguments about birthright citizenship. I already agree with you. I think the long-standing interpretation of the 14th Amendment is incorrect. I know all the reasons, and I’m familiar with the arguments. You don’t need to convince me. Please don’t fill the comments up with, “Well, Kurt, what about this particular bit of legislative history or that particular definition of ‘jurisdiction?’” We’re past all that. It doesn’t matter anymore. The Court is going to do what the Court is going to do, and I’m going to tell you below what the Court is going to do and why. You don’t have to like it, but you should try to understand it if only to be better prepared for the next fight.
One thing, though. Don’t write off the arguments against our position as crazy or insane or frivolous or stupid. When you do that, you underestimate your opponent. Maybe it’s because I’m a lawyer, and every time I walked into court, I believed in my arguments just as my opponent believed in his. Just because you don’t agree with someone else’s legal argument does not necessarily mean it’s crazy. Oh, believe me, there are plenty of crazy arguments out there. But what we’re arguing against is an interpretation of the 14th Amendment that has been in effect for nearly 150 years. Clearly, many people find it persuasive, even if we don’t.
Again, I’m a lawyer, so I’m used to disagreeing with everybody, and I don’t take it personally. You shouldn’t either. It’s bad for your blood pressure, and it prevents you from rationally understanding the opposing view, which you must do........