Free Republic

Attending oral argument last week in the case touching on birthright citizenship pending before the Supreme Court, I observed a combination of confusion, omissions, and outright lies from some of the justices. As the lawyer for one of the amici, I witnessed the Court address the propriety of the nationwide, universal injunctions that have been issued by several district court judges blocking the execution of President Trump’s day-one executive order on birthright citizenship. Let’s begin with the lies. Early in the argument, Justice Sotomayor unequivocally stated that the Court had held 127 years ago that anyone born on U.S. soil...

The 14th Amendment does not confer automatic citizenship. Claremont Institute scholars, including me, Ed Erler, Tom West, John Marini, and Michael Anton, President Trump’s incoming Director of Policy Planning at the State Department, have been contending for years—decades, really—that the 14th Amendment’s Citizenship Clause does not provide automatic citizenship for everyone born on U.S. soil, no matter the circumstances. Other prominent scholars, such as the late University of Texas law Professor Lino Graglia, University of Pennsylvania Professor Rogers Smith, and Yale Law Professor Emeritus Peter Schuck, have come to the same conclusion based on their own extensive scholarly research. Claremont...

On Thursday Mollie Hemingway at The Federalist confirmed our reporting from February last year. A new book from Mike Isikoff and Daniel Klaidman admits that a widely misunderstood phone call, on which Willis’ political prosecution rests, was illegally recorded. That means the entire prosecution could crumble with defendants having a new avenue to challenge Democrat lawfare.

While Mike Pence was hiding in a secure area of the Capitol on Jan. 6 as protesters were calling for him to be hanged, an attorney for President Donald Trump argued via email with a key aide of Pence's that his boss had caused the violence himself. "The 'siege' is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so that the American people can see for themselves what happened," the attorney, John C. Eastman, wrote to Pence chief counsel Greg Jacob, reports The Washington Post Saturday, after...