The Damage Report
The Damage Report
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Supreme Court Short-Lister CAVES In Sudden Trump Backtrack

Posted

November 16, 2024

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A reported Supreme Court short-lister, Judge James Ho, on Donald Trump's list to replace a potential resigning Supreme Court Justice, makes a bold move to prove where he stands following the election results by going back on his support for certain birthright citizenship. John Iadarola and Jayar Jackson break it down on The Damage Report.

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A SCOTUS ShortLister Has FlipFlopped to Embrace One of Trump’s Worst Positions

"Judge James Ho secured his spot on Donald Trump’s likely Supreme Court short list by staking out extreme, far-right positions that cleave to the MAGA movement’s goals. There’s really been only one glaring exception: Ho has long endorsed birthright citizenship, the constitutional guarantee that virtually everyone born on American soil automatically becomes an American citizen. The son of immigrants himself, Ho has written eloquently in support of this principle, refuting conservative arguments for its abolition. But Trump just won reelection on a promise to abolish birthright citizenship, and he seems unlikely to elevate a vocal foe of his own plan to the high court.

It should surprise no one, then, that less than a week after the election, Ho is already walking back his once-steadfast commitment to this fundamental right. In an interview with the conservative law professor Josh Blackman published on Monday, Ho sketched out his excuse to repudiate birthright citizenship by framing immigrants who lack permanent legal status as “invading aliens” whose children born on U.S. soil may be denied citizenship by states and the federal government. It is a strange and illogical claim with no basis in constitutional text or Supreme Court precedent. But Ho’s audience is not lawyers, journalists, or immigration experts; it’s Trump and his allies, whom he clearly seeks to convince of his total ideological commitment to MAGA. His backflip is yet another ominous confirmation that we should expect Trump’s next round of judges to not show even a glimmer of independence: They will be selected for their loyalty to the president’s agenda and spend the next four years auditioning accordingly."

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Guests & Subjects Covered

Supreme CourtJudge James HoDonald Trump'sSupreme Court JusticeJohn IadarolaJayar JacksonThe Damage Report ReadEmbrace One

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Supreme Court Short-Lister CAVES In Sudden Trump Backtrack · The Damage Report · Sentinel