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The Supreme Court is likely to decide Trump v. Barbara, the birthright citizenship case, sometime this week or next week. Here is a compendium of links to my many writings about this issue. I have omitted a few that merely link to writings of mine published elsewhere. Except where otherwise noted, all are posts that originally appeared right here at the Volokh Conspiracy blog:
“Birthright Citizenship and the Constitution,” Oct. 30, 2018. My very first piece about this issue, written during Trump’s first term, when the question first became prominent.
“Legacy Preferences, Citizenship, Migration, and the Implications of a Constitutional Ban on Hereditary Privilege,” July 12, 2023. This piece expresses some of the reasons for my ambivalence towards birthright citizenship, given that it is a kind of system of hereditary privilege.
“Birthright Citizenship and Undocumented Immigrants,” Just Security, Nov. 25, 2024. An early critique of the then-anticipated Trump second term birthright citizenship policy.
“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 – which was even worse than I expected.
“Federal Court Issues Temporary Restraining Order Blocking “Blatantly Unconstitutional” Trump Birthright Citizenship Order,” Jan. 23, 2025. Analysis of the first judicial decision against Trump’s 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. My 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 rejoinder to Barnett and Wurman’s response to their 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 is an excellent demonstration of why we need nationwide injunctions.
“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 litigation. I also note possible alternative ways to secure universal remedies.
“Federal Court Issues Class Action Injunction Against Trump’s Birthright Citizenship Executive Order [Updated],” July 10, 2025. Class actions are one possible way to get around 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 important Ninth Circuit decision against the birthright citizenship order.
“Courts are Checking Trump More Effectively than Many Think,” Sept. 22, 2025. The birthright citizenship litigation is one key example of this broader phenomenon.
“First Circuit Rules Trump’s Birthright Citizenship Executive Order is Unconstitutional,” Oct. 4, 2025. Analysis of another decision against the the birthright citizenship order.
“Slavery and Birthright Citizenship,” Mar. 2. 2016. Why the Trump administration’s position on birthright citizenship is incompatible with the main purpose of the Citizenship Clause of the Fourteenth Amendment.
“Slavery and Birthright Citizenship,” Lawfare, Mar. 16, 2026. My most comprehensive explanation of why the Trump administration’s position on birthright citizenship is incompatible with the main purpose of the Citizenship Clause of the Fourteenth Amendment: Giving citizenship to freed slaves and other Blacks. Much expanded version of the earlier VC post of the same title.
“Justice Barrett, Slavery, and Birthright Citizenship,” Apr. 1, 2026. Analysis of a key moment in the Supreme Court 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 children of undocumented immigrants on both legal and moral grounds, I do not believe birthright citizenship is actually the ideal policy. It is a second-best option, at best.
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