These days, everyone wants to be an originalist. Alas, in the birthright-citizenship case, the Trump administration and its allies are flunking Originalism 101: leaning on private letters, mangling old caselaw, turning a blind eye to mountains of contrary historical evidence, and distorting the 14th Amendment’s plain text. @SCOTUSblog https://t.co/xonoQjHOU8
Two originalist touchstones – the soil and the flag – cleanly explain both the scope and the limits of the Constitution’s grand birthright-citizenship guarantee. @SCOTUSblog https://t.co/HTm570eE4M
When a baby is born, if American soil lies below and an American flag flies above, that baby is a birthright citizen. This originalist rule is clear and clean: look down, and then look up. @Akhil_Reed_Amar@SCOTUSblog https://t.co/5D4fdo4yEJ
Professor Akhil Amar, Professor Steve Calabresi, and Dr. Andy Lipka discuss my birthright-citizenship piece and additional arguments at 48:30. @amaricas_const https://t.co/h9NgT1y715
“President Trump’s Executive Order on Birthright Citizenship is Unconstitutional; Trump is doing many great things but trying to get rid of birthright citizenship is not one of them”: Steven Calabresi has this post at “The Volokh Conspiracy.” https://t.co/1hj4UI3Bq5
It’s a broad consensus:
Steven Calabresi posted & “totally” endorsed @YaleLawSch 2L Samarth Desai's strong arguments against @RandyEBarnett & @ilan_wurman (with a link to my original post).
@VolokhC@reason
https://t.co/u21gyYUQGn
President Trump's birthright-citizenship executive order is illegal and unconstitutional, and no "allegiance-for-protection theory" can save it. https://t.co/OqXx2K01mo
“Was Griffin’s Case the Backdrop Against Which Congress Legislated the Enforcement Act of 1870?” Samarth Desai has this guest post at the “Balkinization” blog. https://t.co/2lvkBxOnFD
Thank you @tribelaw for sharing my Balkinization piece identifying the key problems with the “Griffin’s Case + Enforcement Act = liquidation” theory. https://t.co/DuzpUDRi8n
If Justice Kavanaugh’s Feb 8 idea that Congress legislated on the basis of Griffin’s Case (& that its doing so “fixed” Sec 3’s meaning) took root with other justices, the historical record should dissuade them. Read this in addition to Mark Graber’s piece:
https://t.co/tT5ePY75ti
If Justice Kavanaugh’s Feb 8 idea that Congress legislated on the basis of Griffin’s Case (& that its doing so “fixed” Sec 3’s meaning) took root with other justices, the historical record should dissuade them. Read this in addition to Mark Graber’s piece:
https://t.co/tT5ePY75ti