Have you read the opinion? I get the impression that you have no real knowledge of the actual relevant legal authority. Why don’t you prove me wrong.
I have read several opinions by Justice Story and I have his book, “A Familiar Explanation...” sitting on my bookshelf.
I have the greatest respect for Justice Story, and indeed for Vattel, although I have never been able to get a copy of his famous treatise for my collection.
Otherwise, I can’t answer your question with specificity since you don’t identify the opinion you are asking me if I have read.
Also, I fear that you have completely misunderstood my point regarding Vattel.
Here is what I said: “And Vattel, as interesting as he is, is not US law, and never has been.”
I never said that Vattel was not influential, or that Vattel was ignorant, stupid, or misguided. I merely said that he was not US law. And he is not, despite being quoted by Justice Story in support of a decision.
It seems to me that it ought not be necessary to point out that Courts don’t make laws, and quoting Vattel in a decision does not serve to do so either.
Just to be clear, when I wrote the comment you take issue with, I was referring to this quote by another poster:
“According to Vattel, Law of Nations, Must be born of TWO Citizens to be Natural Born and also born on the Soil of the U.S.”
Note that this refers to no decision of Justice Story, nor to any court decision at all. It merely refers to Vattel’s very influential “Law of Nations”.
Unless there has been an act of Congress incorporating this work in its entirely into our framework of laws, or even the Vattel position on the definition of “natural born” into our framework of laws, the “Law of Nations” is not US law, as I factually stated.
It’s probably worth stating here that I actually agree with the Vattel definition of an NBC. But, my opinion carries even less weight on the matter than Vattel’s. Meanwhile US law has moved on, and Vattel, myself, and others have been left behind as quaint relics of days gone by.
So that I am clear, Vattel is merely a reference work of legal philosophy, albeit a weighty one in my opinion. I hope this suffices to clarify my remark.