Scalia was honestly (and conservatively) responding that he hadn’t performed the necessary comprehensive legal research to arrive at a proper conclusion.
“I don’t know” doesn’t sound like support for “jus soli” to me.
Failure to grant injunctions on eligibility cases could be based on a long list of legal technicalities, such as lack of jurisdiction, lack of standing, lack of remedy, issue is moot, etc., all of which had been the basis for a lower court dismissal prior to reaching SCOTUS.
And none of the cases Scalia and SCOTUS refused to hear came after a trial on the merits that included full discovery of the contemporaneous evidence and witness and document custodian testimony with cross-examination.
Just as the Liar-in-chief has run the most dishonest, opaque administration ever, Barry legal team has obstructed transparency at every opportunity. An honest, ethical patriot with nothing to hide and welcoming the chance to remove all doubts about his eligibility would have:
1. signed legal releases and insisted on forensic inspection and validation by independent experts of all of his HI birth vital records and hospital records
2. authorized release and validation of all INS and passport records
3. authorized release and validation of his social security file
4. authorized release and validation of his selective service file
5. authorized release and validation of his college and financial aid applications
Barry has evaded and stonewalled all of the above showing anyone not invested in his usurpation that he is most likely ineligible.
Justice Scalia’s comments about jus soli were made in oral arguments in an immigration appeal before the Supreme Court. Those comments were not made in the “I don’t know” conversation with Larry Klayman.
Justice Scalia: … I mean, isn’t it clear that the natural born requirement in the Constitution was intended explicitly to exclude some Englishmen who had come here and spent some time here and then went back and raised their families in England?
They did not want that.
They wanted natural born Americans.
Plaintiff’s Attorney [Ms.]. Davis: Yes, by the same token…
Justice Scalia: That is jus soli, isn’t it?
[Ms.] Davis: By the same token, one could say that the provision would apply now to ensure that Congress can’t apply suspect classifications to keep certain individuals from aspiring to those offices.
Justice Scalia: Well, maybe.
I’m just referring to the meaning of natural born within the Constitution.
I don’t think you’re disagreeing.
It requires jus soli, doesn’t it?