I’m not sure why Donofrio is patting himself on the back over this. I’ve been citing the Minor decision and its definition of NBC for months, as well as the affirmation of that decision in Wong Kim Ark that the Minor decision recognized citizenship on the combined basis of BOTH jus soli and jus sanguinis criteria. What this doesn’t do, however, is buy anyone “legal standing.”
Not surprisingly, you’ve missed the point of Leo’s analysis.
It looks like Leo is correcting his own failure, dating back to late 2008, to recognize the plain language in Minor as precedent.
Back then Leo took that language about “regarding the latter there is doubt” to mean that the NBC definition was subject to doubt. Leo wrote then that there was no clear SCOTUS ruling on the definition of NBC. Now he has just realized that the “doubt” in Minor only applied to the citizenship of those with a foreign parent, not to doubt about the definition of true NBC citizens born on US soil of citizen parents.