Topic: IRLI got some 'splaining to do

[Pandora]

The rules granting US citizenship to a child born overseas with only one American parent differ depending on the sex of the citizen parent, and this gender discrimination is the subject of the Flores-Villar case currently before the Supreme Court.  The amicus brief submitted by the Immigration Reform Law Institute (IRLI) contained a quote of John Bingham (author of the 14th Amendment) that "birthers" offer in support of their rejection of Obama's eligibility:

    "All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens."


However, IRLI, with no indication, omitted from their brief the two words underlined:  "of parents." The omission clearly changes the meaning of the quote, and is very interesting considering it was the IRLI who helped draft the "Interstate Birth Certificate Compact" model legislation which restricts "birthright citizenship" and grants the status of "natural born" to babies born with only one citizen parent.

Words do matter, and the undisclosed omission of two critical ones in a legal brief to the highest court in the land is uncomfortably reminiscent of Professor Solum's cloak-throwing gallantry.  The error, unintentional or not, impacts analysis of Presidential eligibility, proposed "birthright citizenship" legislation, and the constitutionality of the states' "birther" bills.

Link

Further explanation of the IRLI's shenanigans, and info on the "Interstate BC Compact" here:

1. IRLI admitted the misquote after my call and then contacted the Supreme Court to inform them, but last I spoke to the staff attorney no supplemental brief correcting the quote had been submitted.

2. While the brief bears the name of Michael Hethmon, Esq., it was actually written by Patrick J. Charles.   Mr. Charles operates the Charles Law and History Blog.  Mr. Charles was made aware of the misquote by the staff attorney.  But as of this morning, despite his blog having one article entitled, “Representative Sandy Adams and Revisionist Founding Era History“, Mr. Charles has not addressed the misquote at his blog.

3. IRLI felt that even though the quote was incorrect, it did not change their position and therefore the misquote was not important in context.

I explained to the staff attorney that this misquote was very problematic to me and the readers of my blog since this “of parents” issue is the core topic of my blog.  I directed him to my blog.  At this point, I was prepared to let the issue go since I had been informed that the Supreme Court would be properly notified.   Although the misquote seemed a bit too “accidental”, I had nothing else to go on.  But after the staff attorney went to my blog, he suddenly recalled a message he received about this blog a couple of weeks ago.  I was then informed that…

IRLI WAS HEAVILY INVOLVED IN DRAFTING THE COMPACT BETWEEN STATES PERTAINING TO ARIZONA SENATE BILL 1308.

H/T nbpundit

[IronDioPriest]

So if I'm reading correctly, the institute that is representing those who seek to legally demonstrate that Obama is not a natural born citizen, are apparently secretly in the tank for the other side, working from the inside as legal counsel, trying to undermine their own case against Obama citizenship by altering relevant quotes in their amicus briefs?

[Pandora]

That's what I took from it, as well as they are rewriting the presidential requirement-rules regarding "natural born citizen" via the same language in the Interstate Birth Certificate Compact.

[radioman]

Isn't that the way you get things done? if you don't like the wording in the Constitution, you just 're-interpret' it to fit your agenda?

[Libertas]

Apparently there is no penalty for filing false and misleading briefs?

 

OK, if this can be done without risk of penalty, where can I start filing briefs?  I know for damn sure I can come up with some really good stuff on my enemies!