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Fourteenth Amendment

All articles tagged with #fourteenth amendment

An old white-supremacist idea haunts Trump's birthright citizenship case
politics4 hours ago

An old white-supremacist idea haunts Trump's birthright citizenship case

Vox traces Trump’s birthright-citizenship challenge to a 19th‑century white supremacist argument popularized by lawyer Alexander Morse, who argued that citizenship should be denied to the children of foreigners transiently in the U.S. and, in practice, to Chinese Americans. Morse later abandoned the approach, and Wong Kim Ark settled the Citizenship Clause, but Trump’s brief echoes that old theory even as the constitutional text and Wong Kim Ark undermine it; the legal case against birthright citizenship remains strong.

Oregon Supreme Court Refuses to Remove Trump from Primary Ballot
politics2 years ago

Oregon Supreme Court Refuses to Remove Trump from Primary Ballot

The Oregon Supreme Court has declined to hear a challenge that sought to prevent Donald Trump from appearing on the 2024 Republican primary and general election ballot in Oregon, citing the Five voters' request based on section 3 of the Fourteenth Amendment to the United States Constitution. The Court stated that the Oregon Secretary of State had no authority under Oregon law to consider Trump's qualification to serve as President at the primary election stage, and the presidential primary ballots must be finalized by March 21, 2024.

"Supreme Court Faces Pressure as States and Scholars Weigh in on Trump's 2024 Ballot Battle"
politicslaw2 years ago

"Supreme Court Faces Pressure as States and Scholars Weigh in on Trump's 2024 Ballot Battle"

Twenty-seven states have filed an amicus brief with the U.S. Supreme Court in support of former President Donald Trump, urging the court to keep him on the Colorado GOP presidential ballot for 2024. They argue that the Colorado Supreme Court's decision to label Trump an "insurrectionist" under the Fourteenth Amendment, which could disqualify him from holding office, could lead to national electoral chaos. The states contend that the ruling is vague, denies due process, and could undermine voters' confidence in the electoral process. The Supreme Court has issued an administrative stay and will hear arguments on the case, emphasizing the urgency of resolving the matter before the primaries and caucuses.

Federal Courts Rule Against Unconstitutional Voting Laws in Kansas and Colorado
politics2 years ago

Federal Courts Rule Against Unconstitutional Voting Laws in Kansas and Colorado

A federal judge has ruled that portions of a controversial Kansas election law are unconstitutional, including provisions banning out-of-state entities from mailing advance ballot applications and prohibiting the applications from containing any pre-filled information. The law also violates the First and Fourteenth Amendments, according to the ruling. The plaintiffs were VoteAmerica and Voter Participation Center, who sued because the law would have made voting by mail more difficult. Republican Secretary of State Scott Schwab and Attorney General Kris Kobach were defendants in the case and intend to appeal the ruling.

Lawsuit filed over 'Let's Go Brandon' sweatshirts in Michigan school district.
education2 years ago

Lawsuit filed over 'Let's Go Brandon' sweatshirts in Michigan school district.

Two students are suing Tri County Area Schools in Michigan for violating their First and Fourteenth Amendment rights by asking them to remove sweatshirts featuring the phrase "Let's Go Brandon," which has become a political slogan for those who oppose President Biden. The school claims the sweatshirts violated the district's dress code, which prohibits clothing with lewd, indecent, vulgar, or profane messages. The students are seeking a permanent injunction to stop the district from enforcing a ban on "Let's Go Brandon" apparel and compensatory, nominal, and punitive damages.