Links to my writings on this important issue about to be decided by the Supreme Court.
The Supreme Court is expected to issue a ruling in Trump v. Barbara, the case addressing birthright citizenship, either this week or the next. What follows is a curated index of my numerous writings on this topic. I have left out a few pieces that simply point to work I’ve published elsewhere. Except where noted, all items below were originally posted here on the Volokh Conspiracy blog:
“Birthright Citizenship and the Constitution,” Oct. 30, 2018. This was my very first foray into the issue, written during Trump’s initial term as the question first rose to prominence.
“Legacy Preferences, Citizenship, Migration, and the Implications of a Constitutional Ban on Hereditary Privilege,” July 12, 2023. This piece explains why I feel ambivalent about birthright citizenship, given that it resembles a system of inherited privilege.
“Birthright Citizenship and Undocumented Immigrants,” Just Security, Nov. 25, 2024. An early critique of the then-foreseen Trump administration birthright citizenship policy for a second term.
“More on Birthright Citizenship and Undocumented Immigrants,” Jan. 7, 2025.
“Trump’s Birthright Citizenship Order is Even Worse than Expected – and Even More Blatantly Unconstitutional,” Jan. 21, 2025. My initial critique of Trump’s birthright citizenship executive order — and it turned out to be worse than anticipated.
“Federal Court Issues Temporary Restraining Order Blocking “Blatantly Unconstitutional” Trump Birthright Citizenship Order,” Jan. 23, 2025. An examination of the first judicial ruling against the order.
“Two Federal Courts Issue Injunctions Against Trump’s Birthright Citizenship Executive Order,” Feb. 8, 2025.
“Birthright Citizenship – A Response to Barnett and Wurman,” Feb. 15, 2025. A critique of a prominent defense of the constitutionality of Trump’s order by Randy Barnett and Ilan Wurman.
“More on Birthright Citizenship and Undocumented Immigrants – Rejoinder to Barnett and Wurman,” Feb. 18, 2025. My response to Barnett and Wurman’s reply to critics.
“Trump Administration Asks Supreme Court to Lift Universal Injunctions Against its Birthright Citizenship Order,” Mar. 14, 2025.
“A Simple Defense of Nationwide Injunctions,” May 16, 2025. The birthright citizenship litigation illustrates why nationwide injunctions can be essential tools.
“A Bad Decision on Nationwide Injunctions,” June 27, 2025. My critique of Trump v. CASA, Inc., the Supreme Court decision striking down nationwide injunctions in the birthright citizenship case. I also point to alternative pathways to achieve universal remedies.
“Federal Court Issues Class Action Injunction Against Trump’s Birthright Citizenship Executive Order [Updated],” July 10, 2025. Class actions present one possible route to bypass Trump v. CASA, Inc.
“Appeals Court Rules Trump’s Birthright Citizenship Order is Unconstitutional and Upholds Nationwide Injunction Against it,” July 24, 2025. Analysis of a pivotal Ninth Circuit ruling against the birthright order.
“Courts are Checking Trump More Effectively than Many Think,” Sept. 22, 2025. The birthright citizenship litigation serves as a notable example of broader judicial scrutiny.
“First Circuit Rules Trump’s Birthright Citizenship Executive Order is Unconstitutional,” Oct. 4, 2025. Examination of another ruling opposing the birthright order.
“Slavery and Birthright Citizenship,” Mar. 2, 2016. Why the Trump administration’s stance on birthright citizenship clashes with the central aim of the Citizenship Clause of the Fourteenth Amendment.
“Slavery and Birthright Citizenship,” Lawfare, Mar. 16, 2026. A more comprehensive explanation of why the Trump administration’s position on birthright citizenship contradicts the main purpose of the Fourteenth Amendment: granting citizenship to freed slaves and other Black individuals. This expands considerably on the earlier VC post with the same title.
“Justice Barrett, Slavery, and Birthright Citizenship,” Apr. 1, 2026. An analysis of a key point in the Supreme Court’s oral argument in Trump v. Barbara.
“Birthright Citizenship as a Second-Best Policy,” Apr. 4, 2026. While I oppose Trump’s efforts to deny birthright citizenship to children born to undocumented immigrants on both legal and moral grounds, I do not regard birthright citizenship as the perfect policy; it remains a second-best option at best.
