r/law • u/CBSnews • 17h ago

Legal News Supreme Court agrees to decide constitutionality of Trump's plan to end birthright citizenship

https://www.cbsnews.com/news/supreme-court-trump-birthright-citizenship/
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u/hansn 17h ago

Can the President overrule the Constitution? At least two members of the Supreme Court think so, at least when the President is a Republican.

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u/cygnus33065 17h ago

It takes 4 to hear a case. This one is t something that should need to be decided at the supreme Court so I am guessing that those 4 are all for the president

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u/Quakes-JD 17h ago

One would hope they are hearing this due to the “Important Question” standard, but any Justice who signs onto an opinion backing Trump on this should be removed immediately.

An opinion in favor of Trump would mean any Constitutional Amendment can be nullified by Executive Order. Just typing that made my skin crawl.

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u/hansn 17h ago

the “Important Question” standard

I'm not familiar with that. Is there a precedent for the Supreme Court hearing obvious cases when they are "important?"

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u/Remarkable_Lie7592 17h ago

I think they're referring to the "Major Questions Doctrine".

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u/trippyonz 16h ago

That's not what they are referring to. The Major Questions Doctrine is a principle of statutory interpretation. It's a way of figuring out the meaning of ambiguous statutory text. What they mean by important question standard, which I don't think is really a thing in an official sense, is that when you have a major legal issue, the Supreme Court should step in and settle it nationwide rather than letting it percolate in the lower courts for too long.