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

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.

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Scalia’s Shadow: The Originalist Who Still Shapes the Supreme Court

Justice Antonin Scalia’s legacy significantly impacts modern constitutional law, particularly through his originalist philosophy that shapes Supreme Court rulings today. His dissent in Planned Parenthood v. Casey laid the groundwork for recent decisions like Dobbs v. Jackson. Scalia’s approach highlights democracy and the Constitution’s text, influencing today’s judicial framework.

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