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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Author: g0177325 ⎊✺  😊 😞
Number: of 84361 
Subject: Re: Best quote from Birthright ruling
Date: 07/02/26 10:48 AM
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“The only evidence the Government and the principal dissent can muster to show that some alternative (‘primary’) conception of allegiance displaced the common law is a ‘funeral oration’ for President Lincoln.”
Justice Roberts

I'm sure this is brilliant, but being unable to wade through the dense legalese of the argument, to what statements in which "funeral oration" is Roberts referring to?

The fuller quote with the apparent reference bolded is:

 The only evidence the Government and the principal dissent can muster to show that some alternative (“primary”) conception of allegiance displaced the common law is a “funeral oration” for President Lincoln. Brief for Petitioners 23; see post, at 22–23. Ahistorical modifiers aside, the Government and the dissent identify no source that defined allegiance at birth as being based on domicile in the period from 1776 to 1868.4 Sources from that period instead defined “allegiance by birth” just as the British did—as “the tie or duty” owed by one who is “born within the dominions and under the protection of a particular sovereign.” Inglis, 3 Pet., at 155 (opinion of Story, J.); see also, e.g., 1 N. Webster, An American Dictionary of the English Language (1828) (“[e]very native” owes a “natural or implied allegiance” “to the government under which he is born”).

The full decision is here:

law.cornell.edu: TRUMP v. BARBARA | Supreme Court | US Law
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