[tootie]

They have repeatedly taken incredibly broad if not downright delusional interpretations of legal precedent and used them to set policy. They literally tried to override a constitutional amendment (birthright citizenship) with an executive order. They have been laughed out of court many times but have won a shocking number of these ridiculous cases. This is just another one. Set the maximal policy that they want and make their opponents challenge it in court. It's legal until someone (with standing) stops them.

[hax0ron3]

Trying to follow the Constitution literally is hard and in practice, it's not done. The political system just interprets the Constitution in whatever way the consensus of the given moment wants to interpret it. The 14th Amendment is clear that all persons born in the US are citizens of the US. However, if you follow the 2nd Amendment just as literally, it means that the Federal government, at least, cannot make any laws restricting us from owning nuclear weapons.

[tootie]

The second amendment is very much intended to protect access to military weapons. It was never intended to address personal defense or sport hunting but national defense by state militias.

[declan_roberts]

H1b (the visa status of nearly everyone here affected by this change) is only 36 years old. We're not talking about ancient case law here.

[jeremysalwen]

Is the legal precedent they are ignoring only 36 years old? No? I guess that makes us talking about case law older than 36 years then. (As we all know, laws less than 40 years old are option to follow anyways).