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John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:

Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen.

Granted, our government's view of the Constitution's citizenship mandate has morphed over the decades to what is now an absolute "birth on the soil no matter the circumstances" view—but that morphing does not appear to have begun until the late 1960s, after Kamala Harris' birth in 1964.

Some other legal scholars previously expressed similar opinions. Matthew Spalding, of Hillsdale College wrote in WSJ:

Even when the justices expanded the constitutional mandate U.S. v. Wong Kim Ark (1898), the decision cited as establishing birthright citizenship, they held only that the children of legal permanent residents were automatically citizens. The high court has never held that the clause confers automatic citizenship on the children of temporary visitors, much less of aliens in the country illegally.

Will Kamala Harris's vice-presidential run force SCOTUS to make a decision about birthright citizenship before the election?


Edit: I'd like to emphasize that this question is not about how the Citizenship Clause should be interpreted (which is discussed in a separate question, as @phoog pointed out, and in Prof. Eastman's article itself), but whether SCOTUS can be expected to opine on it, in light of recent controversies.

John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:

Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen.

Granted, our government's view of the Constitution's citizenship mandate has morphed over the decades to what is now an absolute "birth on the soil no matter the circumstances" view—but that morphing does not appear to have begun until the late 1960s, after Kamala Harris' birth in 1964.

Will Kamala Harris's vice-presidential run force SCOTUS to make a decision about birthright citizenship before the election?


Edit: I'd like to emphasize that this question is not about how the Citizenship Clause should be interpreted (which is discussed in a separate question, as @phoog pointed out, and in Prof. Eastman's article itself), but whether SCOTUS can be expected to opine on it, in light of recent controversies.

John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:

Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen.

Granted, our government's view of the Constitution's citizenship mandate has morphed over the decades to what is now an absolute "birth on the soil no matter the circumstances" view—but that morphing does not appear to have begun until the late 1960s, after Kamala Harris' birth in 1964.

Some other legal scholars previously expressed similar opinions. Matthew Spalding, of Hillsdale College wrote in WSJ:

Even when the justices expanded the constitutional mandate U.S. v. Wong Kim Ark (1898), the decision cited as establishing birthright citizenship, they held only that the children of legal permanent residents were automatically citizens. The high court has never held that the clause confers automatic citizenship on the children of temporary visitors, much less of aliens in the country illegally.

Will Kamala Harris's vice-presidential run force SCOTUS to make a decision about birthright citizenship before the election?


Edit: I'd like to emphasize that this question is not about how the Citizenship Clause should be interpreted (which is discussed in a separate question, as @phoog pointed out, and in Prof. Eastman's article itself), but whether SCOTUS can be expected to opine on it, in light of recent controversies.

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John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:

Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen.

Granted, our government's view of the Constitution's citizenship mandate has morphed over the decades to what is now an absolute "birth on the soil no matter the circumstances" view—but that morphing does not appear to have begun until the late 1960s, after Kamala Harris' birth in 1964.

Will Kamala Harris's vice-presidential run force SCOTUS to make a decision about birthright citizenship before the election?


Edit: I'd like to emphasize that this question is not about how the Citizenship Clause should be interpreted (which is discussed in a separate question, as @phoog pointed out, and in Prof. Eastman's article itself), but whether SCOTUS can be expected to opine on it, in light of recent controversies.

John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:

Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen.

Granted, our government's view of the Constitution's citizenship mandate has morphed over the decades to what is now an absolute "birth on the soil no matter the circumstances" view—but that morphing does not appear to have begun until the late 1960s, after Kamala Harris' birth in 1964.

Will Kamala Harris's vice-presidential run force SCOTUS to make a decision about birthright citizenship before the election?

John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:

Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen.

Granted, our government's view of the Constitution's citizenship mandate has morphed over the decades to what is now an absolute "birth on the soil no matter the circumstances" view—but that morphing does not appear to have begun until the late 1960s, after Kamala Harris' birth in 1964.

Will Kamala Harris's vice-presidential run force SCOTUS to make a decision about birthright citizenship before the election?


Edit: I'd like to emphasize that this question is not about how the Citizenship Clause should be interpreted (which is discussed in a separate question, as @phoog pointed out, and in Prof. Eastman's article itself), but whether SCOTUS can be expected to opine on it, in light of recent controversies.

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John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:

Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen.

Granted, our government's view of the Constitution's citizenship mandate has morphed over the decades to what is now an absolute "birth on the soil no matter the circumstances" view—but that morphing does not appear to have begun until the late 1960s, after Kamala Harris' birth in 1964.

Will Kamala Harris's vice-presidential run force themSCOTUS to make a decision about birthright citizenship before the election?

John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:

Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen.

Granted, our government's view of the Constitution's citizenship mandate has morphed over the decades to what is now an absolute "birth on the soil no matter the circumstances" view—but that morphing does not appear to have begun until the late 1960s, after Kamala Harris' birth in 1964.

Will Kamala Harris's vice-presidential run force them to make a decision about birthright citizenship before the election?

John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:

Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen.

Granted, our government's view of the Constitution's citizenship mandate has morphed over the decades to what is now an absolute "birth on the soil no matter the circumstances" view—but that morphing does not appear to have begun until the late 1960s, after Kamala Harris' birth in 1964.

Will Kamala Harris's vice-presidential run force SCOTUS to make a decision about birthright citizenship before the election?

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