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Philippics

Elliott
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Issues47Founded2 years agoLast Issue21 days ago
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Latest Issues

In Citizenship Clause litigation is an 1812 Supreme Court opinion the “subject to the jurisdiction” decoder ring?

It will take all the Supreme Court’s acuity to reconcile two propositions advanced by litigants challenging the President’s executive order on citizenship at birth1⁠ in Trump v. Barbara.

The first of these propositions2 from the respondent...

21 days ago

Does the Supreme Court need to know whether the Citizenship Clause’s application to tribal Indians was strictly geographical to resolve Trump v. Barbara?

When members of Indian tribes were born outside of tribal domains, what was their citizenship status under the 14th Amendment’s Citizenship Clause?1⁠ Justice Amy Coney Barrett broached the issue three times at last month’s oral argument in...

a month ago
1

Postulates on Citizenship Clause litigation

Four postulates related to Citizenship Clause1⁠ litigation:

  1. As long as the Supreme Court’s 19th-century decision that the 14th Amendment does not confer citizenship on U.S.-born members of Indian tribes2⁠ remains the law, the phrase “...
a month ago

Parental Domicile in Chin Yow v. United States, 208 U.S. 8 (1908) (No. 76)

From the April 1906 habeas petition of Chin Yow:

  • That the said Chin You (sic) does not come within the restrictions of said Acts, but, on the contrary, your petitioner alleges that the said Chinese person was and is a resident of the U...
2 months ago

Does the so-called statutory off-ramp need emergency road work?

In their brief to the Supreme Court, respondents in Trump v. Barbara argued not only that Executive Order 14160’s1 interpretation of the Constitution’s Citizenship Clause2 “cannot be squared with the Clause’s text or historical context, nor...

2 months ago
1

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