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So, Roberts probably isn't going to make this argument, and I think that it is very unlikely that SCOTUS would rule that birthright citizenship isn't a thing
there's a lot of case law behind it being a thing
but there are a number of methods in constitutional law in which one can interpret the Constitution, and some of them do permit for an increased degree to which SCOTUS should try to actively adapt to changes in the world. You have textualism, originalism....let me go looking for a list, since I can't rattle off all of them from memory.
searches
https://www.congress.gov/crs-product/R45129
Justices tend to be viewed as individually favoring some methods over others. There are justices that tend to favor greater use of pragmatism in interpreting the Constitution, and a pragmatist might be more willing to interpret law differently in light of changes in the surrounding environment. I'm pretty sure that Roberts isn't considered to be a pragmatist, though. I don't really like the portrayal in the media of some justices as "conservative" and others "liberal"
I think that that this is misleading and presents a view of their actions that is over-politicized relative to the reality
but it's generally the ones that are called "liberal" that are pragmatists.
searches
https://en.wikipedia.org/wiki/John_Roberts
Yeah, that's not a pragmatist approach.
searches
Breyer
now retired
was apparently considered to be more of a pragmatist.
https://en.wikipedia.org/wiki/Stephen_Breyer
And here's an article by Breyer specifically stating that he tended towards using pragmatism:
https://harvardlawreview.org/print/vol-138/pragmatism-or-textualism/
But point is, the argument that the Executive was making there really relied on justices being willing to buy into more of a pragmatist interpretation of the Constitution, and I don't think that that's likely going to do terribly well with Roberts.
This may be unwarranted optimism but my hope is that, while Roberts is a world-class douchebag, he is at least a smart douchebag, and he knows that this ruling would be bad for the people who pay his bribes. Trump and co, while they share his passion for grinding the poor into the dirt, are also genuinely morons who don't think through the consequences of their actions. c.f. Iran. Roberts (I think and hope) knows that this is a bridge too far, so he's publicly squaring with the president to give the illusion of judicial independence.
Please re format the nested quotes. It makes the comment impossible to read.