Last week, the Supreme Court issued its opinion in Trump v. Barbara where it declared birthright citizenship is guaranteed under the Citizenship Clause1 of the Fourteenth Amendment.
It is, to be sure, a controversial opinion: it “settled” a Constitutional issue that had not been conclusively resolved for the nearly 150 years since the Fourteenth Amendment was ratified; and it does not leave Congress or the Executive the ability to solve the problems of birth tourism or anchor babies – in fact, it will incentivize those issues.
But what of the accuracy of the opinion of Chief Justice John Roberts? Or, better put, the accuracy of the arguments he made in support of that opinion?
If those are week - and we will show that they are - then what of the Court’s ultimate holding?
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