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Birthright Citizenship: The Statutory Problem

10 0
01.04.2026

My column looks at the constitutional birthright citizenship issue facing the Supreme Court in Trump v. Barbara. But even if the Trump administration has the better argument on the 14th Amendment, and even if it persuades the Supreme Court to work around or overturn its 1898 precedent in Wong Kim Ark, it must still overcome one more hurdle: the argument that Congress has effectively codified Wong Kim Ark in 1940 and 1952 statutes by repeating the language of the 14th Amendment's citizenship clause after half a century in which Wong Kim Ark was considered to have settled the issue.


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