XaiJu
law
law

patreon


We (Disrespectfully) Dissent.

OA1114 - “We are now faced, my friends, with the fact that tomorrow is today.” --Dr. Martin Luther King, Jr. (April 4, 1967)

We begin the second Trump administration exactly where we intend to remain for the next four years: in dissent. 

Today’s Inauguration Day counter-programming features two of the most powerful dissenters in modern American history: Supreme Court Associate Justice Sonia Sotomayor and Dr. Martin Luther King, Jr.

We begin with commentary on Justice Sonia Sotomayor’s defiantly inspiring July 1, 2024 dissent as read from the bench in the Supreme Court’s immunity decision, and conclude with Dr. Martin Luther King, Jr.’s powerful call for a “revolution of values” to end “power without compassion, might without morality, and strength without sight.” 

Check out the OA Linktree for all the places to go and things to do!

We (Disrespectfully) Dissent. We (Disrespectfully) Dissent.

Comments

with apologies, I really can't give legal advice here. I'm also not totally sure I understand the question since it seems to be about someone born in the US who is planning to give birth in the US after some time out of the country, but generally speaking a baby born abroad to a US citizen needs to go through the process outlined here: https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

Matt Cameron

That makes sense. Well, their argument is insane, but it makes sense why it gets to both the statute and the constitutional question. Thanks!

Shad Riley

their entire argument is on the "subject to the jurisdiction thereof" thing. It sucks, but it's what they've got

Matt Cameron

Matt, is a child born to a US citizen in another country automatically a US citizen? Can the parents obtain SSN and passport through their embassy? My niece was born here 25 years ago to an American father and an undocumented mother, then the family moved to Mexico. Now pregnant, she is coming here with her Mexican fiancé to have their first child and obtain all the paperwork. Is this necessary for the child’s citizenship?

Rae

On Birthright citizenship, 8 U.S.C. § 1401 provides that citizenship shall be granted to people born in the United States and subject to the jurisdiction thereof. It also provides citizenship for Native Americans born in the US. How are we even getting to the 14th Amendment on this EO if this action is already precluded by statute?

Shad Riley

Would like to add that Justice Barrett's "concurrence in part" shows in plain English, from a logically consistent conservative viewpoint, why the majority opinion was impossibly flawed. Unfortunately she voted with the majority where, on the practical level, it matters most. But in terms of legal logic, she sliced up the majority's opinion as fatally as Sotomayor did. -- Justice Roberts may look like Central Casting's idea of a Chief Justice, but I've never seen any evidence that he's a particularly good legal thinker, or thinker in general.

David in Brooklyn

This rings, a little hollow, considering that she voted against removing him from the Colorado ballot prescribed by on the plain language of the 14th amendment.

Oso Hermoso

There's no way OA will be able to keep up with all of the chaos coming from this new administration. It might make sense for Matt and Thomas to plan how to approach this administration in a manageable way, and maybe let Patrons weigh in (within reason). My vote would be to prioritize the issues Matt is seeing in his work over breaking news coverage (given immigration law is where OA can best go beyond the news), and I specifically wouldn't want Matt to take too much time away from his primary job to research the numerous legal issues Trump's administration will create.

Greenland for $1, Bob

seconded! I posted a similar request on the supreme court chat.

get in the way!

I honestly thought the inauguration was going to be tomorrow due to the holiday lol. I completely missed it. Oh no! Anyways...

I am now 'Answer to the Ultimate Question of Life, the Universe, and Everything' years old

I don't know if this is the right place to do this but I highly recommend "Juror #2" for Law'd Awful Movies. Directed by Clint Eastwood and starring a bunch of "hey it's that guy" actors. The premise is 12 Angry Men but one of the jurors is actually the criminal. Apart from the ridiculous legal shenanigans, the story itself doesn't add up and doesn't really go anywhere. It just kind of ends. It is a fun watch though.

Dusty Lee

This playlist is 🔥🔥🔥. I want it to be so much longer, lol.

SpunRightRound

Powerful episode

oh good what luck

I'm not a law guy, and I don't follow this stuff nearly as closely as you do, so I hope I'm wrong. I just remember seeing an interview with her when all the Thomas/Alito stuff was coming out. She was asked if she supported an enforceable code of conduct for the SCOTUS and she said that she didn't. I could definitely be missing some context, but it sticks out in my mind because she was one of the few justices I genuinely respected, and that answer disgusted me.

James

New Dark Ages has been on my mind a lot in recent times. I don't know if you know Reeko by Nofx but I listened to that recently and reading the lyrics with the end section really hit hard just after the election.

oh good what luck

She signed onto the last proposal for a code of conduct and has never opposed one so far as i know--did i miss something?

Matt Cameron

It's hard to take Sotomayor seriously talking about holding a president accountable for their crimes when she won't even entertain the idea of being held to a basic code of conduct, despite everything that's come out about the court. She may be one of the only two or three people on the court who aren't overtly evil, but believing herself to be above accountability makes her just as illegitimate and unworthy of respect, in my opinion, as any of them.

James

Here you go! https://open.spotify.com/playlist/0BaadsODE2h2RsWOOVPiQx?si=6c3d38cff239455c

Matt Cameron

My dissent playlist, as promised https://open.spotify.com/playlist/0BaadsODE2h2RsWOOVPiQx?si=6c3d38cff239455c

Matt Cameron

Good on Sonia! Thanks for elevating us with her reading. I’m glad she put all that on the record. Ah, blown away, again, by MLK. I recommend a re-listen to John Lewis as the final thought. He always gets me fired up!

Rae

I keep reminding myself I'm one of the people grabbing onto the arch of the universe and guiding it towards justice.

Wishing every Clarence Thomas a very God rest his soul

Now that I think about it, “bold and unhesitating action” sounds a lot like zuck’s newfound “masculine energy.” This is our new zeitgeist, if they can keep it.

Rae

I’d love to hear Matt’s Dissent Playlist - any BB King?

Rae


More Creators