A false opinion that was joined by five other Justices, none of whom was appointed by the President who appointed Justice Gray, and that has stood the test of time for over a century without being overruled?
Remember, the Republican Party is responsible for the ineligible and unlawful Arthur Administration, and responsible for the unlawful appointment of Justice Gray.
Oh come now! You're comparing the Republican Party of 2011 with the Republican party of 1880? Look at an election map of 1880. Do you notice that today's solid red states were 1880's solid blue states? Did it just happen to be that way in 1880? I think you know the answer is "no."
Besides, you still haven't explained why five other Justices, none of whom was appointed by President Arthur, joined Justice Gray's opinion in Wong Kim Ark. Who were they protecting?
Evidently you either did not read and/or understand the also non-binding minority opinion. You also appear to not understand why the comment in the opinion written by Justice Gray is unquestionably not a binding precedent.
