quick addition on the "jurisdiction" angle for the birthright citizenship issue
https://www.ussc.gov/research/quick-facts/federally-sentenced-non-us-citizens
point is the fed has tried, convicted and imprisoned undocumented immigrants for many years. is current tens of thousands o' undocumented immigrants in US prisons. if the US has no jurisdiction over such people, akin to arjen rudd, then all o' those folks shoulda' been deported as 'posed to incarcerated. maybe you thinks all the undocumented in US prisons should be deported, but the point is that US courts has for years been acting as if they got jurisdiction and is not as if those imprisoned never thought to challenge jurisdiction. the question has been asked and answered more than once and as such there isn't any real jurisdiction question... unless scotus decides there is a question.
scotus is not bound by precedent or tradition. roe were overturned and we got dobbs. plessey were overturned and we got brown. be careful when expressing outrage over the Court overturning precedent. the thing is, unlike plessey or korematsu, we ain't had decades o' legal, academic and public outrage fueling a push to overturn precedent. at least with dobbs there were a widespread recognition even by supporters of a fundamental right to abortion that the original roe plurality were based on a kinda fuzzy legal basis. with birthright citizenship, the plain meaning o' the text o' the fourteenth amendment is supported by strong case law and fed practice as well as, until recent, a widespread public assumption that birthright citizenship were valid.
but again, am gonna admit the Presidential immunity case kinda shook us. that a bunch of self-described textualists could conjure up Presidential immunity w/o even recognizing or responding to the potential dangers o' a chief executive free o' the threat o' criminal prosecution for any and all official acts, made it clear to us that the Court conservatives had abandoned core legal principles.
is only tangential related (for now,) but am gonna concede we didn't foresee cecot. even if the Court went complete spineless and accepted the trump administration arguments for deporting tren de aragua members sans any due process finding that those deported is in fact members o' tren de aragua, then am not sure how we get indefinite incarceration in an el salvadoran hell hole as = deportation.
trump argument seems to be that the President has the authority to remove undocumented immigrants, seditionists, insurrectionists and terrorists beyond US borders... and once those persons is in fact beyond US international waters/borders, then the Courts no longer have any jurisdiction in the matter, so cecot is okie dokie. keep in mind that w/o due process, trump could decide that literal everybody fits in one o' the aforementioned categories. the legal basis for sending people to cecot has nothing to do with a person's actual status as a gang member but is rather a recognition that once beyond the jurisdiction o' the Court's habeas power, the President has the sole authority under the Constitution to decide fates. the legal argument is that as long as Trump acts faster than the Courts, any person he successful removes beyond US borders/air space could be sent to cecot... and when we say "successful removes," am making a physical/geographical observation as 'posed to a legal one.
is one o' the aforementioned right v. legal situations.
HA! Good Fun!