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 ...

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

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 ...

Can Trump change the definition of birthright citizenship with a stroke of his pen? At issue is whether babies born in the ...

President Trump's executive order adopting a narrow understanding of birthright citizenship in order to exclude the American-born children of unauthorized immigrants and temporary visitors has ...

Conley's argument against birthright citizenship relies on an outdated understanding of originalism, focusing on "original intent" rather than "original public meaning."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

(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 ...

Legal experts John Yoo and Todd Shapiro discuss whether birthright citizenship has been interpreted too broadly on 'The Will ...

However the court decides, history shows that Mr. Trump is wrong.

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 ...