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Birthright Citizenship

Compendium of Writings About Birthright Citizenship

Links to my writings on this important issue about to be decided by the Supreme Court.

Ilya Somin | 6.22.2026 10:45 AM

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The Supreme Court is likely to decide Trump v. Barbara, the birthright citizenship case, sometime this week or next week. Here is a compendium of links to my many writings about this issue. I have omitted a few that merely link to writings of mine published elsewhere. Except where otherwise noted, all are posts that originally appeared right here at the Volokh Conspiracy blog:

"Birthright Citizenship and the Constitution," Oct. 30, 2018. My very first piece about this issue, written during Trump's first term, when the question first became prominent.

"Legacy Preferences, Citizenship, Migration, and the Implications of a Constitutional Ban on Hereditary Privilege," July 12, 2023. This piece expresses some of the reasons for my ambivalence towards birthright citizenship, given that it is a kind of system of hereditary privilege.

"Birthright Citizenship and Undocumented........

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