Author Archives: John Lusk

Birthright Citizenship: Barnett & Wurman’s NY Times Essay and their Bates/Blackstone Double Backfire

Randy Barnett & Ilan Wurman had a guest essay in the N.Y. Times on Feb. 15th: “Trump Might Have a Case on Birthright Citizenship.” The bottom line is that their essay backfires, because their main source for their supposed “allegiance-for-protection theory” is a single sentence from Lincoln’s Attorney General Edward Bates in 1862), but just […]

Birthright Citizenship: Barnett & Wurman’s NY Times Essay and their Bates/Blackstone Double Backfire

SOOOO… Once again, it appears the New York Times has published a garbage essay. Not just something I didn’t read very much of (yay, time not wasted), but actual garbage.

Here is an apparent “originalist” deep dive that also comes to conclusion that it was garbage. Trump does *not* have a case, in any sense of the phrase.

(In re https://herereadthis.blog/2025/02/15/opinion-trump-might-have-a-case-on-birthright-citizenship-the-new-york-times/)

House Dems Want To End Citizens United So We Never Get Musked Again | Wonkette

https://www.wonkette.com/p/house-dems-want-to-end-citizens-united

Alma Adams! w00t! \o/

I will claim her for my hometown, even though she’s representing Charlotte now. NC-12 has morphed over the years, thanks to the state Republicans, from an ink-spill of a district along the interstate from Greensboro to Charlotte to just Charlotte, but, in my heart, she will always be the politician representing my hometown.

https://en.wikipedia.org/wiki/Alma_Adams

Opinion | Trump Might Have a Case on Birthright Citizenship – The New York Times

https://www.nytimes.com/2025/02/15/opinion/trump-birthright-citizenship.html

New York Times, blah blah blah.

But: the first precedent they mention is from 1898 (I stopped reading after that).

Well, if we’re going back to 1898, then, yes, the Court has absolutely ruled in favor of whiteness, multiple times. And this same institution is responsible for the Dredd Scott decision, and it seems like we might be regressing just that far now. There are no automatic backstops here, only the respect and trust people have for how things work. Or don’t have.

So, yeah, there are no guarantees, and we already know this, thank you, New York Times.

But they got one thing badly wrong in the headline, as per usual: Trump will never “have a case” in the sense that he might be right.

Immigration is the only thing keeping us from facing the same population decline that is facing Europe and China. It’s one of the things that keep us economically strong. And culturally vibrant, frankly. And I welcome it (taco truck on every corner!), and Trump and the Right are wrong about it.

We can certainly tune some things. Stop distinguishing by country of origin, for example. Separate quotas for Samoans and Haitians is ridiculous. (Basically, each separate region of the world where we’ve had an imperialist adventure around the turn of the 20th century gets a quota. Remember the Philippines? Quota. Nicaragua? Quota. Guatemala? Quota. Etc.)

And we can fix the H-1B visas to allow recipients more freedom to switch employers and not make employer sponsorship so onerous. That would raise H-1B salaries, benefitting domestic labour and treating everybody more humanely.

And lots more fixes smarter people than I have thought of and I just haven’t heard of yet.

Top US Election Security Watchdog Forced to Stop Election Security Work | WIRED

https://www.wired.com/story/cisa-election-security-freeze-memo/

Again: an interesting move for the party that claims to be all about election security.

I hope states continue to use paper ballots, and retain those paper ballots for recounts throughout elections, rather than be all electronic or scan paper ballots to images and then discard the paper.

Or revert to doing so, in case they’ve already chosen the all-electronic route.

Opinion | ‘Gulf of America’ leads to AP removal from Trump White House events – The Washington Post

https://www.washingtonpost.com/opinions/2025/02/14/ap-white-house-trump-gulf-america/

Headline is “This is a perfectly fine hill for the AP to die on”. Except I don’t think the AP is going to die. White House press briefings will be garbage for the next four years, essentially prouncements by state media. No news to be gained there, really. AP can and will continue to do good reporting.

The old days of terrifying dictatorships are behind us

The old days are behind us. The days of Stalin disappearing people overnight, leaving only a shoe on the street. The days of the Gestapo knocking on people’s doors early in the morning and hauling them out on the street in humiliation, to be thrown onto a truck. The days of the Red Guard hauling out imperialists and counter-revolutionaries to be shot in the street.

We don’t do that any more. Now, in Russia, there’s a softer form of authoritarianism. You just don’t get on the ballot. You get arrested politely (with overwhelming force present but not used) at the airport and charged with minor violations. There is no public humiliation, you just go away.

China has “social capital”. You don’t get loans, you can’t buy bus tickets. If you disappear, it’s very quiet and non-violent and you might resurface later admitting what a mistake you made. No violence, no public humiliation.

In Hungary, Orbàn deliberately misses one checkbox out of 7 that qualifies him as “dictator”, “fascist”, “authoritarian”, “undemocratic”, so he can’t be called any of those things (at least, not on a forum where dozens of tankies will emerge and say “but this missing checkbox”).

And, in the US, we have a soft coup. There are no black helicopters and there may never be. There are no special forces on the ground, at least not yet, and there may never be. Instead, people will lose funding. Door badges will cease to function. Arrests will be made by sheriff’s deputies in most cases.

If we’re lucky and persistent, this soft coup will go down in history as a soft *attempted* coup, maybe a soft putsch. But: softly, softly. Hark! The times have changed.


Ok, afterthought: Failure to act is action. Failure to vote is voting. Which means, by failing to act, by failing to call votes, the Congress which was voted democratically into office is, in fact, carrying out the will of the people, who did, in fact, vote for gerrymandering and a Republican majority. (I didn’t. And you, dear reader, probably didn’t either, but, in fact, all those people who don’t read but prefer to watch video (and they are legion) *did*.

One can argue they didn’t know what they were voting for, and, whether or not they knew, they certainly have the right to change their minds and vote differently (assuming they have viable options in two years), but they voted.

And that democratically-elected Congress has, over the years, along with the democratically-elected President, stacked the Supreme Court with Justices inclined to give Republicans and the Executive Branch more and more power.

Republicans Release Budget Plan. It’s A Cookbook!

«Take, for example, the budget resolution released yesterday by House Republicans, which would extend the 2017 Big Fat Tax Cuts For Rich Fuckwads and then cut taxes — for them — some more, to the tune of $4.5 trillion.»

https://www.wonkette.com/p/republicans-release-budget-plan-its

Here’s the $4 trillion AOC recently discussed in her 90-minute Insta live (or whatever it was) thing.