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Monday, June 26, 2023

Birthright Citizenship and Original Public Meaning

Governor DeSantis released an immigration plan today that calls for the end of birthright citizenship. The Governor's plan says that birthright citizenship as applied to children of illegal immigrants is "inconsistent with the original understanding" of the Fourteenth Amendment. That's false, as Judge Ho (before he became a judge) well explained. Scholars are virtually unanimous is reaching the same conclusion.

Ah, but there must be at least one exception, you might be thinking. There is. John Eastman. He wrote a 2006 article in Georgetown that you can read if you want. It's not convincing.

Posted by Gerard Magliocca on June 26, 2023 at 02:32 PM | Permalink


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