Videos of Media Interviews on the Birthright Citizenship Decision [Updated]
Videos of my interviews with C-SPAN and Fox 10 Phoenix.
14th Amendment
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.
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.
The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
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.
Cops Get Qualified Immunity After Michigan Man Spends 13 Hours in Vomit and Dies in Jail
A court granted qualified immunity to all 11 deputies accused of violating John Griswold’s 14th Amendment rights.
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.
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.
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.
Trump's Unconstitutional Attack on Birthright Citizenship Finally Reaches the Supreme Court
Understanding the stakes in Trump v. Barbara.
A Jury Approves Damages After 2 Texas Cops Snatched a Supposedly 'Abandoned' Girl From Her Home
The jurors concluded that the officers violated the Fourth and 14th amendments when they seized a 14-year-old without evidence that she was in danger.
This Virginia Bill Expands Affirmative Action in State Contracting
The bill creates a new program to increase agency spending on small businesses, particularly those owned by women, minorities, and disabled veterans.
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.
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.
Iowa Officials Arrested This Guy for Criticizing Them—Twice. A Federal Judge Says They Are Liable.
A mayor and a police chief "mistook their authority to maintain order for a license to suppress criticism," says U.S. District Judge Stephanie Rose.
Oklahoma Ends Indefinite Death Row Solitary Confinement
“These men have not been able to touch grass and feel the warmth of the sun for the first time in ten years.”
Trump vs. Scalia on Sanctuary Cities and the Minneapolis Immigration Crackdown
Plus: Why is the Supreme Court’s tariff decision taking so long?
A School District Cop Allegedly Did Nothing To Stop the Uvalde Mass Shooting. Was That Failure a Crime?
Adrian Gonzales is on trial for acts of "omission" that prosecutors say amounted to 29 felony counts of child endangerment.
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.
Bill de Blasio's Diversity Push for These Schools Lowered Admissions Standards—and Didn't Increase Diversity
New data display the failures of the expanded Discovery Program.
A New Lawsuit Says New York's Rent Law Is Forcing Landlords To Keep Apartments Empty
Landlords argue that rent caps on vacant units prevent them from financing the costs of legally mandated renovations.
After Repeatedly Losing in Lower Court, Trump Asks SCOTUS To Review His Birthright Citizenship Order
Plus: Justice Anthony Kennedy wrote a book.
Amy Coney Barrett's Case for Originalism Falls Short
The Supreme Court justice’s new book fails to practice the historical fidelity it preaches.
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.
Upholding a Vaccine Mandate, the 9th Circuit Embraces an Alarmingly Broad Definition of 'Public Health'
The appeals court held that the government may require COVID-19 shots based purely on the benefits to recipients.
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.
Seattle Property Owners Challenge Program That Charges 'Affordable Housing' Fees for Building New Homes
A new lawsuit alleges that the city's Mandatory Housing Affordability program unconstitutionally penalizes property owners just for trying to build housing.
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.
The 5th Circuit Rejects Qualified Immunity for a Child-Snatching Texas Cop Who Falsely Alleged Abandonment
Alexandra Weaver argued that she could not reasonably have been expected to know her actions were unconstitutional.
A Prosecutor Allegedly Tried To Jail Him for Fighting Civil Forfeiture. He May Finally Get His Day in Court.
Law enforcement seized Robert Reeves' Chevrolet Camaro without charging him with a crime. After he filed a class-action lawsuit, that changed.
3 Supreme Court Cases To Watch in June 2025
Plus: The glorious return of drive-in movie season.
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.
Trump's Case Against Birthright Citizenship Is a Constitutional Loser
The text and history of the Fourteenth Amendment run counter to Trump’s executive order.
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.
