In a new paper, I examine, along with a co-author (James Heilpern), whether "subject to the jurisdiction" would have had a familiar legal meaning to lawyers in the mid-nineteenth century, and if so ...

While I have written multiple posts for SCOTUSblog on birthright citizenship, a substantial part of my practice is litigating ...

After SCOTUS opened the door to President Trump’s order to end birthright citizenship, the anniversary of the 14th Amendment takes on an added significance. The anniversary of the ratification of the ...

It’s not who you are, or where you came from; it was whether you believed in and accepted the very notion of what it meant to ...

(The Center Square) – America First Legal is leading the charge for the United States to return to the "original meaning" of the Fourteenth Amendment, meaning that children born to illegal aliens in ...

Conley's argument against birthright citizenship relies on an outdated understanding of originalism, focusing on "original intent" rather than "original public meaning." The original public meaning of ...

Supreme Court Justice Clarence Thomas offered this opportunity for Solicitor General John Sauer to explain how the 14th ...

Solicitor General John Sauer responded to a question from Chief Justice John Roberts, during oral arguments on Trump's ...

Immigration Matters is a recurring series by César Cuauhtémoc García Hernández that analyzes the court’s immigration docket, highlighting emerging legal questions about new policy and enforcement ...

Automatic citizenship for anyone born on American soil, regardless of their parents’ legal status, has become so accepted ...