Raw Story

New evidence is emerging that could deal a major blow to President Donald Trump's case for stripping birthright citizenship to the children of immigrants.

The president has asked the U.S. Supreme Court to restore “the original meaning” of the 14th Amendment, which his lawyers argued in a brief meant that “children of temporary visitors and illegal aliens are not U.S. citizens by birth," but new research raises questions about what lawmakers intended the amendment to do, reported the New York Times.

"One important tool has been overlooked in determining the meaning of this amendment: the actions that were taken — and not taken — to challenge the qualifications of members of Congress, who must be citizens, around the time the amendment was ratified," wrote Times correspondent Adam Liptak.

A new study will be published next month in The Georgetown Law Journal Online examining the backgrounds of the 584 members who served in Congress from 1865 to 1871. That research found more than a dozen of them might not have been citizens under Trump’s interpretation of the 14th Amendment, but no one challenged their qualifications.

"That is, said Amanda Frost, a law professor at the University of Virginia and an author of the study, the constitutional equivalent of the dog that did not bark, which provided a crucial clue in a Sherlock Holmes story," Liptak wrote.

The 14th Amendment states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside," while the Constitution requires members of the House of Representatives to have been citizens for at least seven years, and senators for at least nine.

“If there had been an original understanding that tracked the Trump administration’s executive order,” Frost told Liptak, “at least some of these people would have been challenged.”

Only one of the nine challenges filed against a senator's qualifications in the period around the 14th Amendment's ratification involved the citizenship issue related to Trump's interpretation of birthright citizenship, and that case doesn't support his position.

"Several Democratic senators claimed in 1870 that their new colleague from Mississippi, Hiram Rhodes Revels, the first Black man to serve in Congress, had not been a citizen for the required nine years," Liptak wrote. "They reasoned that the 14th Amendment had overturned Dred Scott, the 1857 Supreme Court decision that denied citizenship to the descendants of enslaved African Americans, just two years earlier and that therefore he would not be eligible for another seven."

"That argument failed," the correspondent added. "No one thought to challenge any other members on the ground that they were born to parents who were not citizens and who had not, under the law in place at the time, filed a declaration of intent to be naturalized."

"The consensus on the 14th Amendment’s citizenship clause has long been that everyone born in the United States automatically becomes a citizen with exceptions for those not subject to its jurisdiction, like diplomats and enemy troops," Liptak added.

Frost's research found there were many members of Congress around the time of the ratification of the 14th Amendment who wouldn't have met Trump's definition of a citizen, and she said that fact undercuts the president's arguments.

“If the executive order reflected the original public meaning, which is what the originalists say is relevant,” Frost said, “then somebody — a member of Congress, the opposing party, the losing candidate, a member of the public who had just listened to the ratification debates on the 14th Amendment, somebody — would have raised this.”

The top Democrat in the Senate has directly responded to Deputy Attorney General Todd Blanche after he said that "thousands" of Jeffrey Epstein files would be withheld by the Department of Justice despite a law requiring "all" documents to be released by Friday.

"I expect that we're going to release more documents over the next couple of weeks. So today, several hundred thousand. And then over the next couple weeks, I expect several hundred thousand more," Blanche told Fox News on Friday.

Senate Majority Leader Chuck Schumer responded by indicating that Democrats would not stand for the Trump DOJ flouting the law.

"The law Congress passed and President Trump signed was clear as can be - the Trump administration had 30 days to release ALL the Epstein files, not just some. Failing to do so is breaking the law. This just shows the Department of Justice, Donald Trump, and Pam Bondi are hellbent on hiding the truth," Schumer insisted. "Senate Democrats are working closely with attorneys for the victims of Jeffrey Epstein and with outside legal experts to assess what documents are being withheld and what is being covered up by Pam Bondi. We will not stop until the whole truth comes out."

"People want the truth and continue to demand the immediate release of all the Epstein files. This is nothing more than a cover up to protect Donald Trump from his ugly past," he added.

Rep. Ro Khanna (D-CA) suggested that Bondi would be "prosecuted" if the DOJ does not release the full Epstein files on Friday.

Two American university professors Friday warned the "noxious" Supreme Court can no longer be saved.

Harvard law professor Ryan Doerfler and Yale law professor Samuel Moyn wrote an opinion piece published by The Guardian about how the high court's legitimacy has been increasingly damaged under President Donald Trump's second term. Conservative justices have handed Trump and the MAGA movement a number of wins, including overturning of Roe v. Wade, "what remains of the Voting Rights Act," and losing its "nonpartisan image."

The role of the court has shifted and with the conservative majority, the liberal justices had previously "proceeded as if their conservative peers would continue to take their own institution’s legitimacy seriously."

But over the last several months, that has also changed.

"Yet with the conservative justices shattering the Supreme Court’s non-partisan image during Trump’s second term, liberals are not adjusting much," Doerfler and Moyn wrote. "The liberal justices – Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor – have become much more aggressive in their dissents. But they disagree with one another about how far to concede that their conservative colleagues have given up any concern for institutional legitimacy. Encouragingly, Jackson pivoted to 'warning the public that the boat is sinking' – as journalist Jodi Kantor put it in a much-noticed reported piece. Jackson’s fellow liberals, though, did not follow her in this regard, worrying her strategy of pulling the 'fire alarm' was 'diluting' their collective 'impact.'"

By now, Trump has used a "shadow docket" of emergency orders to his advantage and to advance his policies.

"Similarly, many liberal lawyers have focused their criticism on the manner in which the Supreme Court has advanced its noxious agenda – issuing major rulings via the 'shadow' docket, without full-dress lawyering, and leaving out reasoning in support of its decisions," according to the writers.

Critics have argued that the conservative-majority Supreme Court, including Trump's appointees, has used the shadow docket to issue consequential rulings on controversial issues like abortion, voting rights, and immigration with minimal explanation or public deliberation, effectively allowing the court to reshape law through expedited procedures that bypass traditional briefing and oral argument requirements.

Now, "progressives are increasingly converging on the idea of both expanding and 'disempowering' federal courts and looking to see how to shake up the status quo."

"Rather than adhere to the same institutionalist strategies that helped our current crisis, reformers must insist on remaking institutions like the US supreme court so that Americans don’t have to suffer future decades of oligarchy-facilitating rule that makes a parody of the democracy they were promised," Doerfler and Moyn wrote.

"In Trump’s second term, the Republican-appointed majority on the Supreme Court has brought their institution to the brink of illegitimacy. Far from pulling it back from the edge, our goal has to be to push it off," the writers added.

Conservative political strategist Rick Wilson, one of President Donald Trump’s most vocal critics, urged his readers on Friday to “be of good cheer,” saying he believes the Trump administration is nearing collapse after what he described as a particularly difficult week for the White House.

“His reign will end. His power will wane. You could feel it this week. You watched that frantic disaster of a speech, the one where he fired off one deranged idea after another like a malfunctioning nail gun, and the teleprompter looked like it had been set to ‘cocaine binge,’" Wilson wrote in an analysis published Friday on his Substack “Against All Enemies.”

“The lies didn’t hit the same. The dread didn’t land the way it used to. The spell was ragged and ineffective. And for a lot of families, that’s not an abstract political observation. That’s relief.”

Trump’s waning control over the Republican Party has been on full display in recent weeks; Indiana Republicans rejected the president’s push for them to redraw their congressional maps; the GOP-controlled House blocked Trump’s attempt to strip federal workers of bargaining rights; and 12 House Republicans broke with Trump in supporting an extension to health care subsidies.

As for Trump’s cabinet members, it didn’t fare any better, Wilson argued.

“Even now, you can see it from the inside. They leak. They bicker. They climb over each other for attention like raccoons fighting over a moldy hamburger bun in a Denny’s dumpster,” Wilson wrote.

“And yes, it is harder to be a comic-book villain when you’ve surrounded yourself with morons. That’s not hope-as-a-hallucination. That’s how cults and con jobs end: not with a thunderclap, but with a long, humiliating whimper as people realize they bought the ticket to the comet, and all they got were matching track suits and Nikes.”

California Gov. Gavin Newsom’s office is openly ridiculing a White House update after confirmation that President Donald Trump personally wrote some of the new presidential portrait plaques, including one declaring that he “saved America.” Trump-era additions reportedly reference his own reelection and attack former President Joe Biden, while even plaques for past presidents mention Trump. Newsom’s press office fired back with a viral mock plaque parodying Trump’s tone and obsessions, drawing laughs — and fresh criticism — as commentators questioned why the president is spending time rewriting history in bronze amid rising economic anxiety.

Watch the video below.

Gavin Newsom mocks Trump after White House adds self-written boast to portrait plaques

NASCAR driver Greg Biffle, his wife, Cristina, and their children were killed in a plane crash on Thursday in North Carolina.

Biffle and his family were on board a private jet when the plane crashed and burst into flames at an airport in Statesville, North Carolina, at about 10:20 a.m. ET, where low clouds, rain and poor visibility were reported.

Rep. Richard Hudson announced their deaths in a post on X:

"I am devastated by the loss of Greg, Cristina, and their children, and my heart is with all who loved them. They were friends who lived their lives focused on helping others. Greg was a great NASCAR champion who thrilled millions of fans. But he was an extraordinary person as well, and will be remembered for his service to others as much as for his fearlessness on the track. The Biffles flew hundreds of rescue missions in western North Carolina after Hurricane Helene. The last time I spoke with Cristina, just a couple of weeks ago, she reached out to ask how she could help with relief efforts in Jamaica. That’s who the Biffles were. Our prayers are with their family, friends, and everyone grieving this unimaginable loss."

It's unclear what caused the crash. The investigation was ongoing.

Biffle was nominated for the NASCAR Hall of Fame this year. He raced 14 full-time seasons, collecting 19 wins in over 500 starts, and was a perennial playoff contender. Biffle finished in the top 10 in the standings six times, including a runner-up finish in 2005.

The Hall of Fame called Biffle one of NASCAR’s 75 "greatest drivers."