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Ron DeSantis continues to litigate birthright citizenship question

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The weather in Florida may be suffused by Arctic chill, but for Gov. Ron DeSantis, constitutional conundrums are red hot.

For the second straight day, the state’s most powerful Republican is revisiting the true meaning of the 14th Amendment to the U.S. Constitution,.

He argued on Wednesday that, contrary to many interpretations of the foundational document, framers had no intent to extend the prerogatives of birthright citizenship to those in the country illegally.

“It is true that both the feds and the states routinely assert jurisdiction over illegal aliens (such as when they are convicted of criminal offenses in American courts) in the ordinary sense of the term — and supporters of illegal alien birthright citizenship will no doubt rely on this fact. But I don’t think that was how the provision was originally understood by the society that ratified the 14th Amendment in the 19th century,” DeSantis said, responding to a social media user named Boutros who questioned his belief that the children of non-citizens born in America are not themselves citizens.

DeSantis believes “that the language ‘subject to the jurisdiction thereof’ represents a term of art and that the original meaning of the phrase did not mandate citizenship for illegal aliens.

The citizenship clause holds that “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.” Yet the position President Donald Trump, DeSantis, and others who believe in immigration restrictions subscribe to is that the children of illegal aliens are not citizens by dint of birth.

Trump’s order says, “The privilege of United States citizenship does not automatically extend to persons born in the United States … when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary, and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

It also claims, “The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’”

DeSantis argued Tuesday that there may not currently be “five votes on the Supreme Court for the notion that the 14th Amendment does not give birthright citizenship to illegals.”

“If there aren’t five votes then shutting down illegal alien birthright citizenship would require an amendment to the Constitution itself, which would be unlikely to get enacted as blue states would almost certainly refuse to ratify it,” DeSantis noted.


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Former Cord Byrd aide, Florida Guard member eyes HD 10 seat, ensures contested GOP Primary

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Multiple candidates are emerging to succeed term-limited Chuck Brannan in North Florida’s House District 10, which encompasses Baker, Bradford, Columbia, Union, and northern Alachua Counties.

Marshall Rawson, a member of the Florida Guard who aided Gov. Ron DeSantis’ illegal immigration fight in Texas, is looking to take his talents back to Tallahassee, where the University of Florida-trained lawyer served under Secretary of State Cord Byrd as a legal aide in addition to interning at the Department of  Agriculture.

Unsurprisingly given his experience in Florida’s expedition to stem the tide of extralegal migration over the Mexican border, Lawson sees mitigation of Joe Biden’s border policies as central to his mission should he be elected.

“With the election of President Trump, voters sent a resounding message that the invasion at the border must be stopped and that corrections must be made, I will stand with our President and Governor to make this a reality while offering real, sustainable and long term solutions to the labor crisis throughout our state,” said Rawson, who is the North Florida Regional Director of the Republican Liberty Caucus.

It’s more than just the border for the candidate though.

“Florida has been the recognized leader of the states that rose up to push back against the Biden agenda and the radical left. The states have always been our safeguards for freedom, and to keep Florida strong, we must tackle the cost of living crisis, cut property taxes, stop the cannibalization of our vital rural farmlands and greenspaces, and protect our most vulnerable seniors and the unborn,” he said.

Rawson is the second filed candidate, joining Chase Brannan, the son of the outgoing lawmaker, in the field.

“My family history extends eight generations deep in Florida, especially in North Central Florida,” Brannan said earlier this month.

“Because of conservative principles instilled in me since childhood, I understand the value of community work and service to others. Therefore, I humbly offer my candidacy to serve as State Representative to the people of North Central Florida. I have seen first-hand how government can be used for the greater good but also harm the people of Florida. I will always fight to ensure the government serves the people. I strive to bring accessibility, conservative and rural values, and fairness to the citizens of North Central Florida.”

The winner of the GOP Primary will likely score an easy win in next November’s General Election, given the district’s strong conservative lean. In his final campaign for the seat, Chuck Brannan defeated Democrat Bobby Brady 74% to 26% last fall.

Rawson’s promise of standing with the Governor on police seems especially pointed at a moment when DeSantis has heavily criticized and even suggested he will fund Primary opponents for lawmakers who backed a Legislature-driven immigration bill over his proposal earlier this week. Rep. Brannon supported the bill.

But Rawson also comes from the agricultural sector, which has been in the middle of the controversy this week as DeSantis suggested many growers rely too heavily on cheap undocumented labor. Rawson owns and operates Free State Growers. He also served as an intern to former U.S. Rep. Paul Broun, a Georgia Republican with one of Congress’ most conservative records during his time in office.

___

Jacob Ogles contributed to this report.


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Disney World’s government settles ride evacuation injury lawsuit for $50K

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Walt Disney World’s government has settled a lawsuit after a boy was injured during a ride evacuation in 2021 at the Magic Kingdom, records show.

The Central Florida Tourism Oversight District agreed to pay the boy’s grandfather, Richard McNamara, $50,000 and did not admit any liability for the incident, according to the terms of settlement. Both sides agreed to pay their own legal expenses.

CFTOD, formerly known as Reedy Creek Improvement District, released the settlement this week following a Florida Politics records request made late last year.

The boy, originally from Alabama, had gone through a lot in his 12 years before he came to Orlando on vacation in March 2021.

His teenager brother shot and killed their father before shooting the boy, paralyzing him from the waist down, according to media reports.

An organization that helps children in need provided the boy with a trip to Disney World.

It was on that vacation when the boy rode the Seven Dwarfs Mine Train, a popular roller coaster based on “Snow White and the Seven Dwarfs,” when the coaster broke down.

“When the first responders attempted to lift (the boy) to remove him from the ride, they over-extended his leg, snapping his right femur at the knee,” the lawsuit said.

The family sued in 2022 for a claim of more than $100,000.

The lawsuit was voluntarily dismissed last year after the two sides reached a settlement.

McNamara’s attorney, the boy’s attorney and CFTOD either declined to comment or did not respond to a request for comment Thursday.

At the time, Disney did not disclose the boy’s injury on the state theme park injury report released every quarter by the Florida Department of Agriculture and Consumer Services. Theme parks face little regulation when it comes to disclosing juries to the public. Theme parks are only required to disclose injuries if people are hurt on a ride and require at least 24-hours of hospitalization.


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Scott Franklin to head House Environment Subcommittee

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Another Florida lawmaker will have a gavel for one of the U.S. House science subcommittees

U.S. Rep. Scott Franklin, a Lakeland Republican, will chair the House Environment Subcommittee.

House Science, Space and Technology Committee Chair Brian Babin, a Texas Republican, picked the Florida lawmaker for his expertise in the fields and the role the subcommittee would play on policy affecting the Sunshine State.

“I’m excited about our SST Committee assignments for this Congress,” Babin said. “The valuable expertise and diverse backgrounds that each member brings will be instrumental in strengthening U.S. leadership and competitiveness in science, space, and technology. We have a full agenda ahead that will prioritize advancing critical scientific research, fostering technological innovation, leading the world in space exploration, addressing regulatory burdens across industries, and more. Through our shared efforts, I am confident we can achieve our objectives and drive meaningful progress in our scientific endeavors. Let’s get to work!”

Franklin said he was enthusiastic about the assignment.

“I’m eager to tackle environmental research related to weather forecasting and ensuring disaster readiness,” Franklin said. “I thank Chairman Babin for this opportunity and look forward to advancing America First policy priorities to remain at the forefront of innovation and boost job growth.”

Babin praised Franklin’s conservative record on business issues.

“I’m confident Congressman Franklin will provide strong leadership for our Environment Subcommittee this Congress,” Babin said. “He has been a steadfast advocate against burdensome government regulations that stifle innovation and fail to address states’ needs. His perspective will be critical as we consider key weather legislation in the months ahead. I look forward to working with him to advance commonsense environmental policies and legislation.”

The same day, Babin assigned Rep. Mike Haridopolos, an Indian Harbor Beach Republican, to head the House Space and Aeronautics Subcommitee.

“Since the earliest days of our space program, Florida’s Space Coast has been the launchpad for America’s journey to the stars,” Haridopolos said. “From the Apollo missions that first carried Americans to the Moon to today’s groundbreaking private sector launches, our skies have always been at the forefront of space exploration. Space is central to our district’s identity and economy, providing countless high-paying jobs and opportunities.”

He praised Haridopolos’ knowledge of the Space Program.

“Over the past several years, the SST Committee has diligently worked to support and advance our nation’s space endeavors,” Babin said. “As the representative of Florida’s Space Coast, the Congressman brings valuable expertise and leadership that will undoubtedly enhance our efforts to keep America at the forefront of exploration and development. I am excited to work alongside him to propel our space agenda forward.”


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