Birthright Citizenship
On the Original Meaning of Birthright Citizenship
My new paper on the original meaning of the citizenship clause of the Fourteenth Amendment
Born in N.Y., Lived in U.S. for Nearly 70 Years, Subscribed Oath of Allegiance 5 Times—But, It Turns Out, He Isn't a U.S. Citizen
Was the father a consul or an attaché? It is on such matters that the law sometimes turns.
9 Years Ago, Marco Rubio Explained Why Trump's Birthright Citizenship Order Is Unconstitutional
The 2016 brief defended the understanding of the 14th Amendment that the president wants to overturn.
Appeals Court Rules Trump's Birthright Citizenship Order is Unconstitutional and Upholds Nationwide Injunction Against it
The court ruled that a nationwide injunction is the only way to provide complete relief to the state government plaintiffs in the case.
Trump's Birthright Citizenship Order Is Unconstitutional, Says the First Appeals Court to Consider the Issue
The judgment is not surprising, since the president's reading of the 14th Amendment contradicts its text and history, plus 127 years of Supreme Court precedent.
Ninth Circuit Upholds Nationwide Injunction in State Suit Against Birthright Citizenship Order
Judge Bumatay objects on standing grounds, arguing that courts should not seek to offset narrowing one form of relief by expanding another: "That would be like squeezing one end of a balloon—it just pushes all the air to the other end."
Federal Court Issues Class Action Injunction Against Trump's Birthright Citizenship Executive Order [Updated]
This ruling was widely expected in the wake of the Supreme Court's decison barring nationwide injunctions.
Trump's 'Giant Win' Does Not Validate His Unconstitutional Birthright Citizenship Order
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
A Bad Decision on Nationwide Injunctions
Today's Supreme Court ruling barring nationwide injunctions could empower the federal government to engage in large-scale violations of the Constitution. Exactly how bad the consequences will be depends on the extent to which other remedies can be used to forestall them.
Supreme Court Nukes Universal Injunctions (UPDATED)
Justice Barrett writes for the Court's majority that universal injunctions likely exceed the equitable power of federal courts.
Trump Says Birthright Citizenship Is Only 'About the Babies of Slaves.' Historical Evidence Says Otherwise.
The 1866 debate over birthright citizenship included a debate over immigration.
A Simple Defense of Nationwide Injunctions
Nationwide illegality by the federal government requires a nationwide remedy.
The Supreme Court May Rule for Trump on Nationwide Injunctions but Probably Not on Birthright Citizenship
The president's executive order on birthright citizenship had its first test before the Supreme Court.
Some Reasons to be Skeptical of Nationwide Injunctions
The Supreme Court in Trump v. CASA, Inc. should rein in the district courts' use of nationwide injunctions.
Defenders of Trump's Birthright Citizenship Order Offer an Implausible Take on a 127-Year-Old Precedent
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
Bernick v. Wurman on Birthright Citizenship and the 14th Amendment
An important (and importantly civil) debate on birthright citizenship.
Compendium of Evan Bernick Guest-blogging Posts on Birthright Citizenship
Links to all of his posts compiled.
The Dred Scott Challenge or: Why Constitutional Law is Not a Game
Evan Bernick's fourth in a series of guest-blogging posts on birthright citizenship.
The Domicile Dead-End
Evan Bernick's third in a series of guest-blogging posts on birthright citizenship.
Lash's Last Stand
Evan Bernick's second in a series of guest-blogging posts: Part II of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.
88 Problems for Kurt Lash
Evan Bernick's first in a series of guest-blogging post: Part I of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.
Evan Bernick, Guest-Blogging About Birthright Citizenship
Bernick is a leading academic expert on the Fourteenth Amendment.
Trump Administration Asks Supreme Court to Lift Universal Injunctions Against its Birthright Citizenship Order
If ever a universal injunction makes sense, it's in a case like this.
First Circuit Denies Trump Administration Motion for Stay of Universal Injunction Against Birthright Citizenship Executive Order
Interestingly enough, the government focused its argument on standing, and did not defend the Executive Order on the merits.
Divided Fourth Circuit Denies Partial Stay of Preliminary Injunction Against Executive Order Curtailing Birthright Citizenship
If nationwide injunctions were okay against other administrations, the Fourth Circuit see no reason they are not okay now.
Ninth Circuit Denies Government Request for Emergency Relief in Birthright Citizenship Case
The first of what may be many appellate rulings on the Trump Administration's most controversial and questionable Executive Order.
More on Birthright Citizenship and Undocumented Immigrants - Rejoinder to Barnett and Wurman
Why their response to me and other critics fails to refute key objections.
Birthright Citizenship - A Response to Barnett and Wurman
Their argument for denying birthright citizenship to children of undocumented immigrants born in the US has multiple weaknesses, including that it would also have denied it to former slaves.
Two Federal Courts Issue Injunctions Against Trump's Birthright Citizenship Executive Order
The two rulings highlight the weaknesses of Trump's legal position.
Two Injunctions Against Trump's Citizenship Decree Expose the Weakness of His Arguments
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
Julia Gelatt: What Happens if Trump 'Seals the Border'?
Demographer Julia Gelatt of the Migration Policy Institute joins Just Asking Questions to discuss the likely effects of the president's executive orders on immigration.
Trump's Citizenship Decree Signals His Willingness To Flout the Constitution
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
The Problem With Trump's Birthright Citizenship Order
Former Rep. Justin Amash explains why President Donald Trump's interpretation of the Fourteenth Amendment is wrong.
Debating Birthright Citizenship (Again) [UPDATED]
The arguments are not new. The willingness of an Administration to act on them are.
Federal Judge Blocks Trump's 'Blatantly Unconstitutional' Birthright Citizenship Executive Order
“I can’t remember another case where the question presented is as clear as this one is,” said Judge John C. Coughenour.
Federal Court Issues Temporary Restraining Order Blocking "Blatantly Unconstitutional" Trump Birthright Citizenship Order
The TRO blocks the order for 14 days and is a sign that courts are highly skeptical of Trump's position.
Trump's Birthright Citizenship Order is Even Worse than Expected - and Even More Blatantly Unconstitutional
It applies to children of large numbers of legal visa-holders, as well as those of undocumented immigrants.
Trump's Birthright Citizenship Order Doesn't Just Apply to Undocumented Immigrants
Children could be denied citizenship even if their parents are here completely legally.
More on Birthright Citizenship and Undocumented Immigrants
Legal scholars Amanda Frost and Paul Gowder have both published notable new articles on the subject.
Trump Cannot Restrict Birthright Citizenship by Presidential Edict
The executive order that the president-elect plans to issue contradicts the historical understanding of the 14th Amendment.
New Article on "Birthright Citizenship and Undocumented Immigrants"
My new Just Security article explains why denying birthright citizenship to children of undocumented immigrants would be unconstitutional.
Trump Targets Birthright Citizenship and Calls for Military Role in Deportations
Both plans are an affront to America’s image as a nation of immigrants.
Legacy Preferences, Citizenship, Migration, and the Implications of a Constitutional Ban on Hereditary Privilege
Some scholars and commentators argue that legacy preferences at public universities are unconstitutional because they are a form of hereditary privilege. If so, the same is likely true of the far more consequential hereditary privilege of citizenship that severely restricts the right to live and work in the United States.
Orrin Hatch's Constitutional Amendment to Abolish the Natural Born Citizen Clause
In 2003, the prominent conservative Republican senator proposed an amendment that would have eliminated the requirement that the president be a "natural born citizen."
Why We Should Abolish the Requirement that the President Must be a "Natural Born Citizen" [Updated]
The ridiculous controversy over Kamala Harris' eligibility to be Vice President reinforces the point.
New State Department Rules Crack Down on 'Birth Tourism' Under National Security Guise
The Trump administration is trying to make it harder for pregnant women to enter the country as tourists since they might give birth while here.
The Trump Administration's New Citizenship Rules for Service Members Abroad Are Petty and Pointless
Their main purpose is to stick it to immigrants working for Uncle Sam overseas
