The Fallout From Trump v. Barbara

The Post Email Newspaper ^ | 22 Aug 2026 | Joseph DeMaio

[CDR Kerchner]

(Aug. 22, 2026) — INTRODUCTION

The recent SCOTUS decision in Trump v. Barbara – holding, among other things, that if born here on U.S. soil, the child of an illegal alien or a foreigner unlawfully present here is nonetheless a U.S. citizen – continues to produce fallout. While technically not radioactive, the fallout is nonetheless unhealthy to the continued wellbeing of the Republic. If you doubt that, just read the dissenting opinions of Justices Thomas and Alito and the partial dissent of Justice Kavanaugh.

Your humble servant has addressed the decision and the shortcomings of the majority opinion here. The following offering will take a slightly “deeper dive” into the potential impact of the decision on future scholarship and analysis of the relationship between a “citizen” for 14th Amendment purposes, post-Barbara, and a “natural born Citizen” (“nbC”) as understood and adopted by the Founders in Art. 2, § 1, Cl. 5 of the Constitution itself, the “Presidential Eligibility Clause.”

While the Barbara decision addresses who may constitute a U.S. “citizen” under the 14th Amendment, it is a long way from being determinative of what the Founders considered to be an “nbC” when the Constitution was drafted, adopted and ratified “back in the day.” Stated otherwise, while the 14th Amendment “citizen” and Eligibility Clause nbC issues are different, the two concepts are not totally unrelated. ... continue reading at: https://www.thepostemail.com/2026/08/22/the-fallout-from-trump-v-barbara/

[CDR Kerchner]

The 5-4 split decision by the U.S. Supreme Court in the Trump v Barbara decision led by either in my opinion a cowardly or politically agenda driven Chief Justice John Roberts got it wrong, to the detriment of our nation and national security, in its “birthright Citizenship” case decision. And it is not the first Supreme Court 5-4 split decision to get it wrong. The history of the court is littered with them when they allowed politics or cowardice to face the factual truth to determine their decisions.

Here is a link to an article I wrote a few years ago on the “Kinds of Citizens Defined” that exist or once existed in the U.S., and the method in which that kind of Citizenship is/was obtained: https://cdrkerchner.wordpress.com/2026/08/23/kinds-of-citizens-defined/

CDR Kerchner (Ret)

[Repeal The 17th]

Thanks, George.
Ya’ done good.

[DiogenesLamp]

You know that when you agree with the three stupid affirmative action bitches, you are just wrong.