Video from the Federalist Society's 2025 Third Circuit Chapters Conference: Birthright Citizenship – An Originalist Debate, featuring Evan Bernick (for the broad view) and Ilan Wurman (for the narrow view).
RELATED: Ediberto Roman (Florida International University College of Law) has posted Ending Birthright Citizenship By Executive Fiat (68 pages) on SSRN. Here is the abstract:
For over a century, the United States recognized that any child born on U.S. soil was a U.S. citizen. On January 20, 2025, however, President Donald Trump's Executive Order 14160 disrupted this consensus by attempting to revoke birthright citizenship through a "reinterpretation" of the Fourteenth Amendment's "subject to the jurisdiction thereof" language-denying U.S. citizenship to children born to non-citizen parents. Although multiple courts have enjoined this order as violating the Citizenship Clause, it has reignited the debate over the meaning of the 14th Amendment's citizenship guarantee.
Posted at 6:17 AM