Taranto relies on some very old precedents for his argument below and that is a fairly weak strategy. Is the Dredd Scott precedent still binding, for instance? SCOTUS can reverse itself and if Congress passed a law interpreting the 14th Amendment as applying only to children of people who were legally in the USA, SCOTUS might well uphold that. Their rulings on the 14th can be so flexible that they ignore its words completely — as shown by the way that have upheld various “affirmative actio
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