SCOTUSblogOpinion

The 14th Amendment’s citizenship clause is not trapped in amber: a reflection on oral argument

While I have written multiple posts for SCOTUSblog on birthright citizenship, a substantial part of my practice is litigating Second Amendment claims. In light of that experience, I was struck […]

Justice Thomas: How Does 14th Amendment's Citizenship Clause Act As A Correction Of Dred Scott?

Supreme Court Justice Clarence Thomas offered this opportunity for Solicitor General John Sauer to explain how the 14th Amendment acted as a correction to questions created by the 1857 Dred Scott decision,

Opinion: Birthright citizenship is meant to be universal

The Birthright Clause did not invent a new idea: it constitutionalized an old one.
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The 14th Amendment does not codify English principles of subjectship: A brief reply to the Amar brothers

Professors Akhil and Vikram Amar have responded to my recent post arguing that the 14th Amendment does not grant automatic citizenship to the children of temporary visitors to the United […] The post The 14th Amendment does not codify English principles of subjectship: A brief reply to the Amar brothers appeared first on SCOTUSblog.