Blog Hiatus
Michael Ramsey
For personal reasons, I will be taking a blog holiday for the next two weeks. Enjoy the summer!
Stephanie Barclay: The Founding, Free Exercise, and Parental Rights after Mahmoud and Mirabelli
Michael Ramsey
Stephanie H. Barclay (Georgetown University Law Center) has posted Making Laws for the Human Mind: The Founding, Free Exercise, and Parental Rights after Mahmoud and Mirabelli (Cornell L. Rev., forthcoming) (13 pages) on SSRN. Here is the abstract: This Article explores a durable principle articulated at the Founding and again in the Supreme Court’s most […]
Jeremy Christiansen on Originalism and Trump v. Barbara
Michael Ramsey
At The New Digest, Jeremy Christiansen (Regent): Trump v. Barbara and the End of Originalism. From the introduction: The Supreme Court’s decision in Trump v. Barbara, holding that the Trump Administration’s attempts to redefine the scope of birthright citizenship via Executive Order violated the Fourteenth Amendment’s Citizenship Clause, will continue to be a flashpoint for the foreseeable […]
Trump v. Barbara, Temporary Hostile Occupation, and Temporary Voluntary Cession of Control
John Vlahoplus
At first glance, dicta in the majority opinion in Trump v. Barbara appears to equate permanently lost dominions with those temporarily occupied by hostile enemy forces for purposes of the common law of natural born subjects. [The King] could not demand allegiance from—for he could not protect—those born in lands that he did not control. […]
Ann Woolhandler & Michael Collins: The Un-Mysterious Case of Ex parte Young
Michael Ramsey
Ann Woolhandler (University of Virginia School of Law) & Michael G. Collins (University of Virginia School of Law) have posted The Un-Mysterious Case of Ex parte Young (15 pages) on SSRN. Here is the abstract: In a recent article, The Ex parte Young Cause of Action: A Riddle, Wrapped in a Mystery, Inside an Enigma, Judge Oldham, Adam Steene, and […]
On Trump v. Barbara
Andrew Hyman
All newborn people in the United States who are subject to U.S. jurisdiction are citizens of the state where they are domiciled. That principle is implied by the Citizenship Clause, as understood in the 1860s, and is supported by contemporaneous sources, including the ones cited by Justice Thomas this week. I am not aware that my friend […]
Josh Blackman on Kennedy v. Louisiana
Michael Ramsey
At Volokh Conspiracy, Josh Blackman: It Is Time To Revisit Kennedy v. Louisiana – Even if there was an actual “national consensus” against capital punishment for child rape in 2008, the facts are different today. From the introduction: I often speak of June 26, 2008, the day that District of Columbia v. Heller was decided. Yet, I still […]
Lawrence Solum on Originalism and Trump v. Barbara
Michael Ramsey
At Legal Theory Blog, Lawrence Solum: The Role of Originalism in Trump v. Barbara. From the introduction: This Legal Theory Blog post examines the role that originalism plays in the opinions in Trump v. Barbara. What does today’s decision tell us about the role that originalism is playing on the Supreme Court? That question has several […]
An Originalist Birthright Citizenship Disappointment
Michael Ramsey
In the Supreme Court’s recent Trump v. Barbara, Chief Justice Roberts wrote for the majority to hold that the Fourteenth Amendment’s citizenship clause broadly guarantees U.S. citizenship to almost all persons born in the United States, apart from those born to parents with diplomatic immunity or some similar exclusion from the reach of U.S. law […]
Trump v. Slaughter: Another Win for Justice Scalia
Michael Ramsey
Yesterday’s decision from the Supreme Court in Trump v. Slaughter is another win for Justice Scalia — specifically, his dissent in Morrison v. Olson. True, the Court in Slaughter did not fully embrace the Morrison dissent (because not all aspects of it were presented in Slaughter). But Slaughter does embrace its central point: that Article […]