If SCOTUS makes a flawed decision that appears 'political', the Trump Administration may have to announce non-compliance with the decision, comparing it with the Dread Scott decision prior to the 'civil war'.
After all, wasn't it Chief Justice John Roberts that said that the Constitution is not a suicide pact? Birthright citizenship can become the death knell of our Constitutional Republic... China is one enemy that will try to get away with anything that makes us eat our dirty laundry and ultimately fail.
I was thinking about this Wed night after the arguments...If the children are subject to the jurisdiction, then the US could likely prevent them from being taken back overseas on humanitarian grounds. Given the civil rights violation patterns of many of those countries (CCP).
Then the US could take custody of them while deporting their parents for overstaying their visas, unless they A) sue for asylum and give up their old citizenship or B) denounce the kid’s US citizenship and state they are Chinese, or other, citizens not subject to US jurisdiction.
It’s uglier, but I could see it carrying weight.
👉 “Dred Scott decision”