The administration has been downplaying the influence of the convicted “Stop the Steal” attorney and anti-immigration crusader.
John Eastman has been working for decades to convince the Supreme Court to take up his fringe legal theory that the Constitution doesn’t automatically confer citizenship on virtually all people born in the U.
S., despite the 14th Amendment’s explicit guarantees. The justices will hear oral arguments on the subject Wednesday in a case challenging a Trump executive order that seeks to end birthright citizenship. John Eastman pushed President Trump to try to end birthright citizenship during his first term in office.But the administration has apparently sought to obscure Eastman’s influence on the topic, even as it has embraced his legal theories, according toTrump did not mention Eastman—who has been barred from practicing law over his effort to subvert Joe Biden’s election victory—when he signed his executive order, even though Eastman had been pushing Trump to try to end birthright citizenship since the president’s first term in office. The Justice Department’s briefs also don’t cite any of Eastman’s 100-plus op-eds, interviews, law review articles, debates, speeches, or legislative hearings, despite adhering closely to Eastman’s legal arguments, Politico noted. During the House Select Committee hearing investigating the Jan. 6, 2021, Capitol riot, the committee members displayed a photo of John Eastman and Rudy Giuliani at the “Stop the Steal” rally.Speaking to the outlet, Eastman declined to say whether he’d helped craft Trump’s executive order or the government’s arguments defending it. The DOJ declined to comment on Eastman’s role, and a White House spokesperson did not respond to a request for comment.“Remember, Ronald Reagan used to have a sign on his desk that there’s a lot you can get done in this town if you don’t care who gets credit for it,” he said.white supremacists to demonstrate that some Americans opposed birthright citizenship at the time the 14th Amendment was drafted. After the Civil War, Congress passed a constitutional amendment saying that “all persons born… in the United States, and subject to the jurisdiction thereof” are U.S. citizens.decision, the Supreme Court’s 1857 ruling that held that even free African Americans were not U.S. citizens, and granted citizenship to former slaves and their children. The 14th Amendment overturned the Dred Scott case, which denied citizenship to free Black Americans, but historians say it didn’t stop there. Scott, a slave, sued for his freedom in 1846.to apply to people of all races residing in the U.S., according to historian Heather Cox Richardson. That meant a child born in the U.S. to foreign parents living in California also acquired citizenship at birth, even if the parents didn’t qualify, the Supreme Court ruled in 1898 inEastman has tried to argue that the case only covers children of foreigners living permanently in the U.S., and that subsequent legal decisions expanding citizenship rights were wrong. The Supreme Court ruling that San Francisco-born Wong Kim Ark was a U.S. citizen enshrined birthright citizenship as the law of the land.The vast majority of constitutional scholars, however, including most conservatives, have rejected that interpretation. Four federal judges have blocked Trump’s order from taking effect, and two federal appeals courts have agreed.He was recruited to join Trump’s legal team after the president’s 2020 election loss, and proposed that former Vice President Mike Pence refuse to count some states’ electoral votes in a bid to keep Trump in office illegally. The Supreme Court will hear oral arguments Wednesday in a case challenging President Trump’s executive order seeking to end birthright citizenship.When that idea failed, he appeared alongside former New York City mayor and Trump lawyer Rudy Giuliani at the “Stop the Steal” rally that preceded the deadly Capitol riot on Jan. 6, 2021, and spread false claims about election fraud. Eastman later filed lawsuits challenging the election results and made “patently false and misleading statements,” according to a judge tasked with reviewing whether he should lose his law license. The California State Bar Court found in June that Eastman’s conduct was so egregious that he should be disbarred entirely.
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