A great article and very revealing.
I’m certainly no lawyer and have no expertise on this debate. But I’m concerned that the Wong Kim Ark decision has become precedent and law - even if this may prove to be based on bad scholarship and research (and even deception?). Can SCOTUS truly use research such as what Donofrio asserts to overturn precedent? The likelihood of this seems doubtful to me. As much as I want true justice to reign, I’m leary of getting my hopes too high...
The Ark decision did not address the question of NBC - the Court purposefully side-stepped that issue in its declaratory ruling. Although, NBC was [incorrectly] examined ad nauseum in the dicta of the ruling.