Analysis: US Supreme Court gives veto space to trans athletes in tournaments
The United States Supreme Court handed down two high-profile decisions this Tuesday (30).
The Court paved the way for American states to prohibit the participation of transgender athletes on women's sports teams, while at the same time rejecting the attempt to eliminate the right to citizenship by birth on American soil.
Trans athletes and women's sports
The Supreme Court specifically ruled on cases from two states - West Virginia and Idaho - that have laws prohibiting transgender students from joining women's sports teams.
The decision, taken by 6 votes to 3 following ideological divisions, should serve as a precedent for more than half of the North American states that already have some type of restrictive legislation in this regard.
According to Mariana Janjácomo, CNN correspondent from Washington, the topic has been a recurring theme for Donald Trump, who frequently mentions it even when dealing with other subjects.
The decision on trans athletes adds to other measures adopted previously, such as allowing states to have laws banning hormonal treatments for minors and banning trans people from serving in the United States military.
"This has been a very important flag for Donald Trump, who always talks about this subject", highlighted Mariana Janjácomo.
Right to citizenship by birth is maintained
In contrast, the Supreme Court overturned the executive order signed by Donald Trump that intended to eliminate the right to US citizenship for children of immigrants born in United States territory.
The Court considered the measure unconstitutional, since the 14th Amendment to the American Constitution guarantees citizenship to everyone born in the country. Trump's executive order would affect not only children of undocumented immigrants, but also foreigners with temporary work or study visas.
After the decision, Donald Trump took to social media to state that maintaining the right to citizenship by birth represents "a great victory for China."
According to Trump, Chinese citizens practice what he calls "birth tourism", coming to the United States in the final stages of pregnancy so that their children can be considered American. Trump also declared that it is now up to Congress to act on the issue.
Analysis: Supreme Court and constitutional limits
CNN International analyst Lourival Sant'Anna assessed that the Supreme Court has maintained a clear standard: when an issue is directly provided for in the Constitution, the Court does not interpret the rule in accordance with Donald Trump's interests.
"When faced directly with a constitutional issue, the Supreme Court cannot respond to President Trump," said Sant'Anna.
He highlighted that, of the Court's nine judges, six are conservative - three of them appointed by Trump himself - and only three are liberal, which makes the composition largely favorable to the current government on many issues.
For Sant'Anna, changing the right to citizenship by birth would require a constitutional amendment, which requires two-thirds of the vote in both the Chamber and the Senate.
The analyst also highlighted that it would be necessary to overturn the so-called filibuster - an obstruction mechanism that requires 60 senators to overcome -, and the Republicans currently have only 53 seats.
"There is no way to imagine that seven Democratic senators would adhere to this thesis of ending the right to citizenship by birth", concluded Sant'Anna, adding that, in the next mid-term elections, the Republican majority tends to be reduced.
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Source: CNN