Elias Neibart on the Birthright Citizenship Dissents
Michael Ramsey
At Civitas Outlook, Elias Neibart (Harvard Law School JD ’25): Originalism and the ‘Barbara’ Dissenters. From the introduction: This essay is not about whether the Court [in Trump v. Barbara] got the case right or wrong. Instead, it addresses a recent methodological criticism of the Barbara dissents—most notably Justice Kavanaugh’s dissent in part. Everyone agrees that […]
Elizabeth Taylor and Birthright Citizenship [Updated]
David Weisberg
The first sentence of the 14th Amendment reads, in relevant part: “All persons born … in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Fellow blogger Andrew Hyman correctly notes that this assertion has the form “A is B and C,” which implies “A is […]
Andrea Scoseria Katz & Ofra Bloch: The Major Questions Doctrine After Learning Resources
Michael Ramsey
Andrea Scoseria Katz (Washington University in St. Louis School of Law) & Ofra Bloch (Buchmann Faculty of Law, Tel Aviv University) have posted The Major Questions Doctrine After Learning Resources: Legality and the Limits of Presidential Power (37 pages) on SSRN. Here is the abstract: Administrative law has entered a period of profound uncertainty. By dismantling […]
Haley Proctor on “Trapped in Amber”
Michael Ramsey
At SCOTUSblog, Haley Proctor: What is “trapped in amber”? An originalist explanation. From the introduction: Anyone watching the Supreme Court this past term may have remarked on the frequency with which the justices talk about fossilized tree resin. Consider: The court in Trump v. Cook: “We see no reason, however, why our central bank ought to […]
CJ Roberts’ Reasoning in Trump v. Barbara
Andrew Hyman
The Court decided Trump v. Barbara on June 30. None of the judges disputed Justice Alito’s assertion at the beginning of his dissent: “This is one of the most important decisions in the history of the Court….” The Court gave a rather paltry explanation as to the most important point of this most important case. Section […]
John Mikhail: Sovereign Power and the Sweeping Clause
Michael Ramsey
John Mikhail (Georgetown University Law Center) has posted Sovereign Power and the Sweeping Clause (Journal of American Constitutional History, Volume 4, pp. 1-22 (2026)) (23 pages) on SSRN. Here is the abstract: The powers delegated to the United States by the Constitution include implied corporate powers, implied national powers, and other incidents of national sovereignty. Northern […]
Lee Strang: The Modest Place of Practical Reason within Originalism
Michael Ramsey
Lee J. Strang (Ohio State University, Chase Center for Civics, Culture, and Society; Michael E. Moritz College of Law) has posted The Modest Place of Practical Reason within Originalism (45 pages) on SSRN. Here is the abstract: The natural law tradition has experienced a dramatic revival in Anglo-American thought since the publication of John Finnis’ […]
Avi Siegal: Framing Constitutional Necessity
Michael Ramsey
Avi Siegal (Yale Law School JD ’26) has posted Framing Constitutional Necessity (81 pages) on SSRN. Here is the abstract: Necessity formed the backbone of Chief Justice John Roberts’s recent opinion in Trump v. Cook, cementing the Court’s firewall for Federal Reserve independence. Yet the old maxim necessity has no law is justly feared. By supposing that law […]
Justice Thomas Misunderstands Mogridge v. United States
John Vlahoplus and Michael L. Rosin
Joseph Mogridge was born in Pennsylvania to enemy alien visitors during the War of 1812 and left the United States for Britain with his parents shortly afterward. He returned to the United States as an adult, ran a successful mercantile business, and suffered losses at the hands of the Union Army during the Civil War. […]
Ilan Wurman versus Jed Shugerman on Presidential Removal and Birthright Citizenship
Michael Ramsey
At Jeffrey Rosen’s The Blessings of Liberty: Birthright Citizenship and Presidential Removal: A Historical Deep Dive. From the show description: In this episode of The Blessings of Liberty, leading originalism and executive power scholars Jed Shugerman and Ilan Wurman break down the historical arguments underlying two of the Court’s most consequential cases this term: Trump […]