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This is not what the 14th Amendment was written to do. It was ratified in 1868 to guarantee citizenship to freed slaves and their descendants — Americans who had been denied their birthright by a monstrous legal fiction. It was never intended to be a loophole for birth tourism operations charging $4,000 a delivery. Justices Clarence Thomas and Samuel Alito said so in their dissents. They were right. The majority was wrong.
Trump’s path forward is narrow but not nonexistent. Under Supreme Court Rule 44, a petition for rehearing must be filed within 25 days of judgment and requires exceptional circumstances — including significant issues the Court may have overlooked. Crucially, at least one justice who joined the majority must support reconsideration for it to move forward. That’s a high bar. Realistically, it’s a long shot.
But long shots are worth taking when the alternative is watching American citizenship become a commodity sold on billboards to the highest bidder.
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