Ira Glasser, head of the ACLU from 1978 until his retirement in 2001, explains that this rogue “try anything” approach serves a strategic purpose. “The right wing loves to run against the federal courts. What they’re doing isn’t really about legislation or litigation but part of a larger political and public relations strategy—each failure becomes another opportunity to build their movement.”
This is why Texas Solicitor General James Ho concluded his analysis of the anti-immigrant challenges to birthright citizenship by advising, “Stay tuned: Dred Scott II could be coming soon to a federal court near you.”
