More to hate from the Supreme Court today.
Trans people don't have equal protection under the law. And even though the majority upheld the obvious meaning of the 14th Amendment in the birthright citizenship case (Trump v. Barbara), it was essentially a 5–4 decision, because Kavanaugh's statement shows his decision was not based on that.
Here's a head start on the last half of May BlueSky report. Note that these are in chronological order, the usual reverse-chronological.
Everything below the line is quoted from the attributed post.
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These are the posts I noted so far about the anti-trans ruling:
The Supreme Court today addressed one of the most pressing threats to the nation today: banning this high school sophomore from playing school sports with her friends:
Parker Molloy
One thing (among many) that makes me nuts about this – is that they fail to understand sports as a life-affirming thing you do with your friends that you will never be a professional at, and only see sports as a competition in which everyone gets ranked. It's a sick worldview in multiple ways."If a trans woman plays sports she will injure the dainty women". Dude, I played Pop Warner with a guy who got held back twice and was 6ft tall with a mustache. It never went to the Supreme Court. The scariest OL in our league was a girl. These are kids amateur sports.
wesinjapan
*nodding solemnly with full comprehension* yes, I see. there’s a special kind of kid who can’t play sports or go to the bathroom
Tricia Lockwood
The ban is heinous for what it does to transgender athletes. But if you think cisgender girls and young women won’t be caught up in the fallout, too, you are woefully ignorant:
Nancy Armour
Minnesota Republicans suggested *internal* and external genital inspections for 6-year-olds, so states controlled by Republicans will probably pursue that.
Erin Maye Quade
It’s really important to install an entire federal discrimination system so somebody’s cis daughter can finish 14th at her swim meet.
Kashana
And these are the ones about the birthright citizenship case, particularly its narrow margin:
5-4 for what it explicitly says in the constitution is incredible. They were this close to undoing the civil war entirely.
Adam Serwer
Among other things, a 5-4 ruling on birthright citizenship is an invitation to try again.
Moira Donegan
Very funny listening to NPR doing serious analysis of the dissents to the birthright case as if it's not all just Calvinball where the conservative justices compete to find the most obscure references from 17th century English common law to make their arguments
Gravel Influencer
The birthright citizenship ruling should be a wake up call to any Democrat who is still on the fence about court reform. We are essentially one seat change away from the Court undoing Reconstruction by fiat.
Ned Resnikoff
With this ruling, the birthright issue is not going away. The right hasn't really begun *organizing* around getting rid of the citizenship clause. Like Roe, this will be their fight for a generation. And if the Democrats just say "we won" and ignore it, like Roe, the Republicans will eventually win.
ElieNYC
About Trump v. Barbara: Do not give the Court ... credit for reading and upholding the Constitution. It's a travesty that this is not a unanimous decision... it's also a travesty that the Court let this question percolate for a year, giving credence to a crank theory of citizenship.
Melissa Murray @profmmurray.bsky.social
alito quite literally sounds like the unreconstructed opponents of the 14th amendment, right down to the notion that his citizenship is degraded by the fact that it is equal with that of someone from a lower station than him.
jamelle @jamellebouie.net
The Court can't go on like this. The Constitution as plainly as possible says people who were born here have an unequivocal right to citizenship. Four people whose ONLY job is to read the Constitution for the rest of their lives just tried to overturn it because they're tired of brown people. Pack it in.
Ben Collins
Alito's use of the term "birth tourism" is as sure a sign as any that his brain has been fried by X, Fox News, and other rightwing media.
Doug Gordon @brooklynspoke.bsky.social
Can't wait for the 'founders surely foresaw AR-15s (but not citizenship)' ruling that's sure to follow.
Nolan Hicks @ndhapple.bsky.social
people got mad at me yesterday when i said the democrats were not ready to take court reform seriously. 5-4 for non-racial citizenship is not a win, it's a reprieve
Adam Serwer
In a sane world (an alt reality) today's dissents would sufficient to warrant Thomas, Gorsuch and Alito's impeachment and removal from office. If you defy the plain words, meaning, intent, history, precedent of a black letter constitutional injunction u are abusing your power and should be removed.
Josh Marshall @joshtpm.bsky.social
I think a lot of people underestimate how complicated life could get if your birth certificate wasn't accepted as prima facie evidence of US citizenship, absent some new federal bureaucracy that vetted and registered qualified births.
Patrick Chovanec
I'm far from the first person to point this out, but declaring birthright citizenship void means that the vast majority of Americans have no provable citizenship at all. Which I imagine is a feature for the fascist Republicans since it puts everyone at the government's mercy.
The Infinitely Prolonged @wowbaggert.bsky.social
People, for the love of God, please stop treating birthright as some kind of sweeping victory. It was 5-4 on the constitutional issue. The dissent laid out a fucking ROADMAP for what Trump should do next. The court always gives Trump multiple bites at the apple WHAT THE FUCK ARE YOU HAPPY ABOUT?
ElieNYC
Very interesting to me that Alito [in his dissent] can be like "but you don't understand, there are now aeroplanes that can deposit birth tourists by the score in this country, that didn't happen back around the Civil War!" now and then is like "I'm sorry I'm not allowed to consider if gun lethality has changed."
Courtney Milan
One short thread took a different tack, which I find reassuring in a non-reassuring way:
The Supreme Court is not just a broken institution, it has been a vehicle for keeping this country in line with conservatism for the vast majority of the last 250 years. Real change will not come until we create new systems and institutions to protect our rights. Today’s decisions went as expected — disappointing but not worst case scenarios. The Court will always maintain a motivation to keep the country in line with a conservative status quo, this oscillates now and then but always returns further to the right. We will not be liberated by this Court or any court invented by this current system. We need to lean into the imagination of what else can we create. If we know the system will continue to work against us, it is what we do for ourselves that matters.
phoenix @phoenix-rights.bsky.social
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