Brothers in Law is a recurring series by brothers Akhil and Vikram Amar, with special emphasis on measuring what the Supreme Court says against what the Constitution itself says. For more content from ...

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United ...

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 ...

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 ...

Conley's argument against birthright citizenship relies on an outdated understanding of originalism, focusing on "original intent" rather than "original public meaning."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

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

Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily. With its executive order, the government is claiming to want to restore the original ...

Attorney Pete Patterson’s latest post on birthright citizenship repeats the biggest mistakes of his original post and also makes some new mistakes, chasing irrelevances and mangling the key legal ...

The president’s unprecedented presence during the Supreme Court’s oral argument didn’t dull the justices’ criticism of his ...

The text of Section One of the 14th Amendment declares: “All persons born or naturalized in the United States, and subject to ...