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To: wideminded
IF GRAY HAD INSISTED ON DECLARING HIM AN NBC, HE WOULD NOT HAVE GOTTEN A MAJORITY - SINCE THE OTHER JUSTICES WOULD NOT

HAVE VOTED WITH HIM,

But six other justices did sign off on an opinion that, without explicitly declaring him so, clearly implies that Wong Kim Ark was a NBC.

Implied don't mean squat - if it isn't explicitly stated in the opinion - then it ain't the opinion.

Ark was ONLY declared a citizen - not a natural born citizen, based on the 14th Amendment.

Why you may ask - I am sure this is the reason ...

Gray wanted to declare ARK as NBC - but the justices who ended up concurring in the opinion balked. They said no - citizen yes, NBC NO !!!

So, Gray was left with a decision - half a loaf (Ark is a citizen) or none (Ark is NBC). He chose half a loaf. OTHERWISE, if the concurring justices agreed, the opinion would have EXPLICITLY stated that Ark was NBC in the last paragraph.

FYI: All of the background cited in the opinion is just that - BACKGROUND. It IS NOT the ruling itself. The ruling IS the last paragraph and states CITIZEN, NOT NBC ...

322 posted on 03/15/2010 3:04:37 PM PDT by Lmo56
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To: Lmo56
Implied don't mean squat - if it isn't explicitly stated in the opinion - then it ain't the opinion.

It is stated quite clearly, though not in soundbite form.

You obviously have not read the text for yourself, but are instead relying on birther commentary of it. Do yourself a favor and read it for yourself, the whole thing.

324 posted on 03/15/2010 3:16:54 PM PDT by curiosity
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