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The Souterian and Rehnquistian Views of Legal Talent
Andy Smarick
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Suncor v. Boulder County and Judicial Collectivization – Michael A. Fragoso
The upcoming Supreme Court case Suncor v. Boulder County presents a misunderstood challenge to the Supreme Court. The case involves an effort by Boulder, Colorado, to hold oil companies civilly liable for supposed effects of their out-of-state emissions. It is one of dozens of examples of “climate lawfare” being undertaken by states, localities, and private…
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The Supreme Court’s Error in Trump v. Barbara: Citizenship, Consent, and the Self-Governing Republic – Linda Denno
In Trump v. Barbara, the Supreme Court struck down Executive Order 14,160, which sought to clarify that the Fourteenth Amendment’s Citizenship Clause does not automatically confer U.S. citizenship on children born in the United States to parents who are unlawfully present or only temporarily present. The majority held that mere birth on American soil, combined…
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The Constitution’s Text in Trump v. Barbara: Common Law, Citizenship, and the Limits of Natural Rights Theory – John Yoo
Professor Linda Denno believes that the Supreme Court has profoundly erred in Trump v. Barbara and hopes that either it, or Congress, will reverse it. That will not happen any time soon. This is not just because the Court almost never reverses itself soon after issuing a major precedent. It is not even because Congress…
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What Went Wrong in Trump v. Barbara and What Doors Remain Open – Eric Wessan
Experts promised that Trump v. Barbara would be a rout against President Trump’s Executive Order “Protecting the Meaning and Value of American Citizenship.” That order excluded from birthright citizenship children of tourists and illegal aliens. At best, the experts said, the President could lose only 7–2. Indeed, one of the first judges to confront President…
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The Road not Taken in Trump v. Barbara – Jonathan H. Adler
It is a “well-established principle” that the Supreme Court “will not decide a constitutional question if there is some other ground upon which to dispose of the case.” This principle was nowhere to be found in Chief Justice Roberts’s opinion for the Court in Trump v. Barbara. It may be the Court’s “usual practice” to…
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The Future of Birthright Citizenship: What’s Next After Trump v. Barbara
On June 30, the Supreme Court held in Trump v. Barbara that nearly all children born on U.S. soil are citizens at birth. But questions remain about the decision’s reasoning and its legal and policy implications. The Federalist Society and the Harvard Journal of Law & Public Policy : Per Curiam are proud to present…
From the Archive
Carson v. Makin and the Relativity of Religious Neutrality
“Neither the majority nor the dissent in Carson is neutral in an absolute sense. Such absolute neutrality is impossible to achieve. Religious neutrality is a myth.”
— Lael Weinberger