Birthright citizenship: the exceptions provide the rule

The battle over birthright citizenship is a battle over its exceptions. The 14th Amendment’s first sentence proudly proclaims that “[a]ll persons born . . . in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” No one doubts that babies born on American soil are born “in the […]

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The emergency docket’s critics have it backwards

Ratio Decidendi is a recurring series by Stephanie Barclay exploring the reasoning – from practical considerations to deep theory – behind our nation’s most consequential constitutional decisions. Last Monday, the Supreme Court issued two emergency orders in a single evening: Mirabelli v. Bonta, vacating the U.S. Court of Appeals for […]

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SCOTUStoday for Friday, March 6

On this day in 1857, the Supreme Court released its opinion in Dred Scott v. Sandford, holding that Scott, an enslaved man who spent time in free territory, was not free; African Americans, whether enslaved or free, were not and could not be citizens; and the Missouri Compromise – which banned […]

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Will the mystery of the Dobbs leak ever be solved?

Justice Clarence Thomas’ virtual appearance last week at a legal conference in Washington, D.C. brought renewed attention to court security. Thomas had originally planned to attend in person,  but he had to pivot due to an unexplained risk. News coverage of the change noted that justices have taken heightened precautions […]

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SCOTUStoday for Thursday, March 5

We may not know yet how the many tariff refund disputes will be untangled, but we learned Wednesday that the Trump administration thinks it only needs until August to finish rebuilding the system of tariffs that the Supreme Court knocked down. For more on the latest tariff developments, see the […]

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