No, Congress Can't Just Overrule the Supreme Court on Birthright Citizenship
Plus: An unconstitutional war is back on.
Birthright Citizenship
4 Takeaways From the Supreme Court's 2025–2026 Term
From executive power to civil liberties, what to make of a momentous year at SCOTUS?
She Came to the U.S. at 4 Months Old. She Had To Self-Deport—Because She Came Here Legally.
"Documented Dreamers" arrived in America lawfully as children. A hole in the law leaves them vulnerable to expulsion.
Video of National Constitution Center Conference on "2026 Supreme Court Review: Key Decisions, Executive Power, Civil Discourse"
Three different VC bloggers were among the speakers: Jonathan Adler, Keith Whittington, and myself.
Can the Supreme Court Still Restrain Executive Power?
Clark Neily discusses the Supreme Court, executive authority, and why federal prosecutors wield too much power.
The Roberts Court vs. the Trump Court
Why Trump lost big in the Supreme Court cases he cared the most about
Donald Trump Just Demonstrated the Value of Birthright Citizenship
The next Folarin Balogun could be in a field that matters much more than a soccer pitch. America should not handicap its access to such talent.
Will Trump v. Barbara End the Birthright Citizenship Debate? (UPDATED)
The Court may have ruled on birthright citizenship, but the debate over birthright citizenship and the Fourteenth Amendment is likely to continue.
Responding to the "Birth Tourism" Objection to Birthright Citizenship
Not only is the problem overblown. It isn't really a problem at all. It's also irrelevant to the constitutional question addressed by the Supreme Court.
Zohran Mamdani Goes Full Commie on Air Conditioning
Robby Soave and Christian Britschgi discuss NYC's air conditioning wars, birthright citizenship, 2010s comedy, and more!
SCOTUS Saves Birthright Citizenship
Robby Soave and Amber Duke discuss the Supreme Court’s rulings on birthright citizenship and transgender athletes.
Videos of Media Interviews on the Birthright Citizenship Decision [Updated]
Videos of my interviews with C-SPAN and Fox 10 Phoenix.
Supreme Court Affirms Original Meaning of Birthright Citizenship, Strikes Down Trump's Executive Order
Understanding Trump v. Barbara.
Supreme Court Rules Against Trump in the Birthright Citizenship Case
The 6-3 decision is right, and a contrary ruling would have had horrific effects.
Trump Administration Sweeps All of the (Other) Immigration Cases at SCOTUS
With the Birthright Citizenship case still undecided, the Trump Administration has prevailed in every other immigration case before the Court this term, and some are quite consequential.
Compendium of Writings About Birthright Citizenship [Updated]
Links to my writings on this important issue about to be decided by the Supreme Court.
Writings on Juneteenth and its Significance for American Liberty
Compendium of links to my writings relevant the holiday celebrating the abolition of slavery.
Bernie Sanders Is Wrong About Trillionaires
Plus: the Supreme Court's biggest pending decisions, renewed court-packing debates, and the economic fallout from the Iran war
Was Lincoln More Radical Than We Remember?
Damon Root discusses the path to emancipation, the struggle to secure freedom after the Civil War, and the constitutional changes that remade America.
More on Birthright Citizenship and Intellectual Diversity Mandates
Final articles now in "print"
Video of Cato Institute Online Event on the Supreme Court Birthright Citizenship Case
I participated, along with prominent legal scholars Gabriel Chin and Paul Finkelman.
A Modest Uptick in Supreme Court Popularity
A recent YouGov poll shows the Court is likely less unpopular than before. The tariff ruling may have given it a boost. The poll has several other notable findings, as well.
Upcoming Cato Institute Event on "Trump v. Barbara: Birthright Citizenship at the Supreme Court"
I will participate, along with Prof. Paul Finkelman, and Gabriel Chin.
11 Big SCOTUS Cases That Will Be Decided Soon
From immigration and guns to executive power, transgender athletes, and mail-in ballots, these are the Supreme Court cases to watch out for in May and June.
ImmigrationProf Blog Symposium on the Birthright Citizenship Oral Arguments
A compilation of posts by various legal scholars, including myself.
Did the Solicitor General Misrepresent Flournoy Article in Birthright Citizenship Oral Argument
It is often useful to consult the original source.
The Birthright Citizenship Question that Stumped the Solicitor General
It was surprising that the Solicitor General did not appear to have thought much about the extent of Congress' legislative power under Section 5.
The Easiest Way to Resolve the Birthright Citizenship Case
The Administration's constitutional arguments are unconvincing, but rejecting them is not necessary to decide United States v. Barbara
Birthright Citizenship as a Second-Best Policy
I oppose Trump's efforts to deny birthright citizenship to children of undocumented immigrants. But birthright citizenship is not the ideal policy.
Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order
Understanding the Supreme Court’s oral arguments in Trump v. Barbara.
Justice Barrett, Slavery, and Birthright Citizenship
Justice Barrett raised a crucial issue in today's birthright citizenship oral argument. Trump's Solicitor General gave an inaccurate response.
Slavery, Birthright Citizenship, and Today's Upcoming Supreme Court Oral Argument
The administration's arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment.
On the Original Legal Meaning of "Subject to the Jurisdiction Thereof"
The allegiance reading has no basis in the historical usage of this language in American law
Trump's Unconstitutional Attack on Birthright Citizenship Finally Reaches the Supreme Court
Understanding the stakes in Trump v. Barbara.
On Scholarly Engagement
Some thoughts on a Balkinization post on the birthright citizenship debate
My New Lawfare Article on "Slavery and Birthright Citizenship"
The article explains how all the standard arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment.
Slavery and Birthright Citizenship
All the Trump Administration's arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment - granting citizenshp to freed slaves and their descendants.
Birthright Citizenship is Our Law
New piece on birthright citizenship in English and American law
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
Birthright Citizenship Re-Examined (from an Originalist Perspective)
Professor Michael Ramsey revisits the original public meaning of the 14th Amendment's citizenship clause.
The Original Meaning of Birthright Citizenship
Problems ahead for the Trump administration
How Politicians and Cops Tried To Dodge Responsibility in 2025
Presidents, legislators, and police officers were desperate to blame anyone but themselves.
What If Congress Limited Birthright Citizenship and Nobody Noticed?
A new study further undermines revisionist claims about birthright citizenship under the Fourteenth Amendment, noting a dog that did not bark.
Supreme Court Agrees to Consider Birthright Citizenship (This Time for Real)
The justices grant certiorari before judgment in one of the two cases challenging the Trump Administration's attempt to narrow birthright citizenship via executive order.
First Circuit Rules Trump's Birthright Citizenship Executive Order is Unconstitutional
This is the second appellate court ruling against the order. So far, every court that has addressed this issue has ruled the same way.
Courts are Checking Trump More Effectively than Many Think
Legal scholar Steve Vladeck explains how and why.
