NYT Opinion Piece Argues Trump ‘Might Have a Case’ On Birthright Citizenship

The Trump administration has sought to end birthright citizenship and, so far, encountered numerous court setbacks.  Like the courts, most constitutional and immigration law professors have the view that the 14th Amendment is definitive on the rule of birthright citizenship. 

Kipp Jones on Mediaite provides context for the op/ed by two constitutional scholars in the yesterday’s New York Times  contending that President Trump “might have a case” in defending his executive order attempting to end birthright citizenship.

Professors Randy Barnett and Ilan Wurman wrote that, although courts have ruled that President Trump’s order conflicts with language in the 14th Amendment, there could be more nuance to the issue.

They argue that Trump could ultimately succeed in challenging the common interpretation of the 14th Amendment’s “subject to the jurisdiction” clause.  “They argued that the key question could come down to not where a person is born but whether that individual’s parents had ever entered into a social compact with the country – something they said had not been strictly addressed in numerous landmark cases dating back to 1830.”

Click here for myths and facts about birthrights citizenship.

UPDATE (Feb. 22):  For a powerful response to the Barnett and Wurman op/ed by a group of leading constitutional and immigration law professors, click here.  

KJ