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An explanation was offered elsewhere indicating that a child born to an 'undocumented immigrant' cannot apply for a SOCIAL SECURITY CARD in certain states which denies that child benefits & citizenship proof. That child would have to move to a state that allows for SOCIAL SECURITY application in order to get benefits & document CITIZENSHIP. In other words, some states have created their own roadblocks to prevent documentation & allow withholding benefits. This highlights to issue of the necessity of SCOTUS ruling for the universality of application.
Lawyers should ask the court hypothetically then whether Marco Rubio should have been given citizenship since neither of his parents were citizens in Florida when he was born. That would make for a great talking point and case example Beyond slavery.
Talking Feds with Harry Litman
Harry discusses the recent case challenging birthright citizenship in the Supreme Court
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