Evan Bernick's second in a series of guest-blogging posts: Part II of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.

Could the Supreme Court Back Trump on Birthright Citizenship?Law professor Gerard Magliocca on the multiple reasons Trump’s executive order will likely fail. No, President Trump Can’t Strike ...

Our country has just suffered the largest illegal mass migration in history. In four years, the Democrats opened our borders. They allowed into our country an unvetted and largely impoverished ...

The Volokh Conspiracy and I are pleased to welcome guest-blogger Prof. Evan Bernick. He is a law professor at Northern Illinois University, and author of numerous works on constitutional theory ...

Scholars discuss the history of birthright citizenship and its modern importance. During one hearing, U.S. District Judge John Coughenour reportedly stated that in certain moments of history, “the ...

On January 20, 2025, Donald Trump assumed office as President of the United States. Within a day, he signed a series of executive orders, prompting state attorneys to scramble in a legal offensive ...

In his op-ed “Can Trump Ban Birthright Citizenship?” (March 17), Prof. Jed Rubenfeld argues that the 14th Amendment’s Citizenship Clause extends automatic citizenship to children born of ...

So far, President Donald Trump’s executive order severely restricting birthright citizenship in the U.S. is getting battered in the courts, with four federal judges already blocking its implementation ...

President Trump’s Justice Department is pressing the Supreme Court to vastly curtail the power of individual federal judges to restrain officials from enforcing laws or presidential actions that ...