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Birthright Citizenship and DOJ's Appellate Briefs
In its appellate briefs in the birthright citizen cases making their way through the courts, the Department of Justice claims that the original meaning of the Constitution’s Citizenship Clause supports President Donald Trump’s Executive Order limiting birthright citizenship to American-born children whose parents are either citizens or legal permanent residents (LPRs). Although these briefs from the government might seem at first glance to be scholarly and well-supported, a close look at them reveals that DOJ is grasping at straws. Many of the authorities on which the briefs rely are misleading or derivative, while other more pertinent sources are mischaracterized or ignored. In a post on Just Security, I discuss eight notable examples, focusing on the brief in Washington v. Trump. DOJ’s other appellate briefs seem to be virtually identical and subject to the same criticisms.
In its appellate briefs in the birthright citizen cases making their way through the courts, the Department of Justice claims that the original meaning of the Constitution’s Citizenship Clause supports President Donald Trump’s Executive Order limiting birthright citizenship to American-born children whose parents are either citizens or legal permanent residents (LPRs). Although these briefs from the government might seem at first glance to be scholarly and well-supported, a close look at them reveals that DOJ is grasping at straws. Many of the authorities on which the briefs rely are misleading or derivative, while other more pertinent sources are mischaracterized or ignored. In a post on Just Security, I discuss eight notable examples, focusing on the brief in Washington v. Trump. DOJ’s other appellate briefs seem to be virtually identical and subject to the same criticisms.
