The statement by Swayne is a reference made by Justice Horace Gray who was the author of the majority opinion of the Wong Kim Ark Supreme Court case. He was using that statement to make a point. What I quoted were Justice Gray's actual words.
US vs Wong Kim Ark was in 1898...23 years after Minor vs Happersett. And the fact that Minor vs Happersett was unanimous is irrelevant. Cases that are decided at 5-4 are just as solid law as unanimous ones.
In 1875 the court said a thing. And then in 1898 they clarified their statement on that thing. It has been established law ever since.
Who is this Swayne of the Circuit Court? Minor vs Happersett refutes your premise and is unanimous SC opinion written by the then Chief Justice.
The statement by Swayne is a reference made by Justice Horace Gray who was the author of the majority opinion of the Wong Kim Ark Supreme Court case. He was using that statement to make a point. What I quoted were Justice Gray's actual words.
US vs Wong Kim Ark was in 1898...23 years after Minor vs Happersett. And the fact that Minor vs Happersett was unanimous is irrelevant. Cases that are decided at 5-4 are just as solid law as unanimous ones.
In 1875 the court said a thing. And then in 1898 they clarified their statement on that thing. It has been established law ever since.