Elena Kagan Archives

2 - Analysis / Constitutional Law / Constitutional Rights / Dead Reckoning / Government / Immigration / National Affairs / Politics / Supreme Court / Supreme Court

Dead Reckoning: After Barbara, Trump Charts a Narrower Course on Citizenship

August 6, 2026August 6, 2026 - by Michael Phillips - Leave a Comment

President Trump signed two executive orders targeting commercial birth tourism and tightening citizenship eligibility for children of foreign enemies. This move follows a recent Supreme Court ruling asserting that children born in the U.S. are automatically citizens, despite their parents’ immigration status. The orders aim to enforce existing regulations with more rigor.

The Losing Side Won the Afternoon

July 1, 2026July 1, 2026 - by Michael Phillips - Leave a Comment

Following the Supreme Court’s ruling against Trump’s birthright citizenship executive order, the Republican response was swift and multifaceted. Within hours, actions included a DOJ memo prioritizing prosecutions and multiple proposed bills targeting birth tourism. This rapid shift indicates a strong institutional stance among Republicans, even as public support for birthright citizenship remains high.

Five Theories, One Bench: What the Birthright Citizenship Fracture Actually Tells Us

June 30, 2026June 30, 2026 - by Michael Phillips - Leave a Comment

The Supreme Court’s decision in Trump v. Barbara highlights divisions within the conservative justices, as they present differing theories on citizenship under the Fourteenth Amendment. The case reveals that originalism, intended to limit judicial interpretation, instead generated multiple conflicting views, indicating a fundamental disagreement on constitutional meaning among the dissenters.