There was a six Justice majority in U.S. v. Wong Kim Ark. Justice Gray was just one of the six.
Justice Joseph McKenna was brand new on the Court and recused himself.
A 6-2 majority and 115 years of being “stare decisis” is pretty well entrenched but perhaps someday, a different Supreme Court will look at Wong with fresh eyes.
Some of the Supreme Court’s landmark decisions have been overturning what had been precedent.
Justice Joseph McKenna was brand new on the Court and recused himself.
A 6-2 majority and 115 years of being “stare decisis” is pretty well entrenched but perhaps someday, a different Supreme Court will look at Wong with fresh eyes.
Some of the Supreme Court’s landmark decisions have been overturning what had been precedent.
How many justices or courts have ever investigated or considered the fact that the info on "natural born English subjects" that Gray wrote into the Wong Kim Ark majority opinion was historically inaccurate, over a span of over 300 years worth of English law?
How many justices or courts have investigated or considered the fact that contrary to what Gray wrote, jus soli birthright citizenship was NOT a consistently applied rule in the U.S. throughout our history?
Why the dogged determination to ignore actual facts?
It destroys confidence in the courts and the justice system. There IS no justice when the courts ignore facts and just make stuff up as they go along, or even worse, pass off falsehoods as truths, as Gray did in Wong Kim Ark, and then subsequent courts just idiotically go along with what someone once said regardless of whether it's true or not, facts be damned.
Why the hell should anyone abide by the law when our own courts continuously lie and get away with it?