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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...

At 10:00 a.m. today, the Court will issue opinions in one or more of the cases pending for the October 2024 term. Scotusblog will be liveblogging as the opinions are released. You can follow that blog at:Scotusblog opinion release A list of the pending cases can be found here:October 2024 casesAfter the release of Opinions, the Supreme Court will hear oral arguments on the government's implementation of Trump's Executive Order on birthright citizenship. I'm not sure how much the Court will address the actual merits of the case since the main issue is the constitutionality of federal judges issuing national...

During this week’s broadcast of FNC’s “Sunday Morrning Futures,” Sen. Mike Lee (R-UT) offered an optimistic take on the Trump administration’s challenge to the country’s existing birthright citizenship policy currently being considered by the Supreme Court. “Look, Jason, this is a fascinating case,” he said. “It’s a close case. It can be won. No one knows the outcome for sure. But one thing that’s important for everyone to keep in mind, this case is not about whether birthright citizenship exists, nor does it undermine the 14th Amendment’s birthright citizenship promise. This is, rather, about what the contours of birthright citizenship...

The US Supreme Court agreed to hear oral arguments in response to President Trump’s emergency request to stop nationwide injunction against his birthright citizenship executive order. President Trump asked the Supreme Court to stay the nationwide injunctions issued by the federal judges. The high court agreed to an expedited schedule and set arguments for May 15. ABC News reported: The Supreme Court on Thursday said it would hear expedited oral arguments next month over President Donald Trump’s emergency request to rollback nationwide injunctions against his executive order to end birthright citizenship. The nation’s highest court set arguments for May 15...

President Donald Trump’s executive order banning birthright citizenship for illegal aliens, tied to the invasion on the border, tees up a major Supreme Court case that could become a historic Trump win that fixes a growing, decades-long problem.

🚨 #BREAKING: @Jim_Jordan & @JudiciaryGOP file an amicus brief in support of President Trump’s Executive Order on Protecting the Meaning and Value of American Citizenship.Read the Western District of Washington brief here: https://t.co/cEYqE3LYMERead the District of…— House Judiciary GOP 🇺🇸🇺🇸🇺🇸 (@JudiciaryGOP) February 3, 2025Link to the amicus brief: https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/86-2.pdf

(May 5, 2024) — INTRODUCTION It is frequently argued by opponents of the “two-citizen parents” requirement of Emer de Vattel’s definition of a “natural born Citizen” (“nbC”) found in Book 1, Ch. 19, § 212 of The Law of Nations (1758), that the requirement “is nonsense.” Indeed, the 2015 article purporting to “resolve” the meaning of the nbC term (“C&K article”) by former high officials in the Department of Justice – Solicitor General Paul Clement and Acting Solicitor General Neal Katyal – completely rejects the relevance of the de Vattel nbC definition by ignoring any discussion of de Vattel or...

There is a reason the Founding Fathers attached the requirement of being a “natural born citizen” to the President (and, with the passage of the Twelfth Amendment, the Vice President) only and no other federal offices. The idea was to elevate the threshold for the highest elected political office of the land; notably, that language is absent in Article I, which stipulates that lawmakers running for the House or Senate need only be “citizens” to qualify. The early debates surrounding the passage of the Constitution add support for the view that the Framers wanted to exclude “the admission of foreigners...

American citizenship as a birthright has recently become a prominent issue in the ongoing immigration debate, and congressional leaders sought answers during a hearing Wednesday. The House Judiciary Committee called upon legal experts to discuss whether the U.S. Constitution actually allows children born in the United States to be citizens, even if their parents are illegal immigrants. Under the Citizenship Clause, which falls under the Fourteenth Amendment, people born within the country or its territories are automatically granted citizenship

After long consideration and discussion with my family, I am saying goodbye to this blog and the law. I am retiring my law license and will be concentrating on making films, and writing music. There is no lawyer, politician or judge who will change the world into what God intended it to be – one family, one love. Angels are real. It’s gonna be a full on landing soon.

Why Aren't They Begging Rubio? September 29, 2011 BEGIN TRANSCRIPT RUSH: It's Emmy in Loveland, Colorado. Great to have you on the EIB Network. CALLER: Hi, Rush, it's great to talk to you. RUSH: Thank you very much. CALLER: Hey, I'm no fan of the establishment. They irritate me most of the time, but what if they want Christie to run for the same reason I want him to run? Because he's the best at articulating conservatism, besides you and maybe Marco Rubio,but there's no one else out there. RUSH: That's an interesting question. Let me ask you, why...

You may add The Boston Globe to the growing list of influential media sources who have expressed the opinion that simply being born in the United States does not qualify one to be President. Recently, this blog pointed to a similar opinion in the New York Tribune. These pre-dated Breckenridge Long’s similar opinion as stated in the Chicago Legal News. Recently, one of my readers uncovered this crucially relevant article published in the Boston Globe on November 9, 1896 by Percy A. Bridgham, aka “The People’s Lawyer“. (Mr. Bridgham’s book, One Thousand Legal Questions Answered by the “People’s Lawyer” of...

MR. CHIEF JUSTICE FULLER, with whom concurred MR. JUSTICE HARLAN dissenting. I cannot concur in the opinion and judgment of the court in this case. The proposition is that a child born in this country of parents who were not citizens of the United States, and under the laws of their own country and of the United States could not become such -- as was the fact from the beginning of the Government in respect of the class of aliens to which the parents in this instance belonged -- is, from the moment of his birth a citizen of the...

Some so-called Birthers are resting their arguments on Chief Justice Marshall's supposed reliance a claimed "Vetter's" definition of "natural born citizenship". They believe that that court has not ruled on this issue otherwise. This is not so. This case I've linked to regarded whether a certain child was a natural born citizen because he was born to chinese immigrant parents in the United States who were in the country lawfully. The SCOTUS determined that the child was a NATURAL BORN citizen for the following reasons: 1. The Constitution nowhere defines the meaning of "citizen" or "natural-born citizen" by way of...