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The Future of Birthright Citizenship: What’s Next After Trump v. Barbara (Part One)

On June 30, the Supreme Court held in Trump v. Barbara that nearly all children born on U.S. soil are citizens at birth. But questions remain about the decision’s reasoning and its legal and policy implications.

The decision has not ended the debate. The administration and other proponents of a narrower understanding of birthright citizenship are now testing the decision’s boundaries. On August 6, the President issued two executive orders addressing birthright citizenship and birth tourism. The first order expressly identifies categories the administration contends “do not fall within the rule of birthright citizenship as announced by the Supreme Court.” Within days, the issue was back in federal court.

Join the Federalist Society and the Harvard Journal of Law & Public Policy for a two-part online symposium featuring scholars and practitioners examining the decision, its impact, and what comes next. The programs will accompany a collection of short essays to be published in the Harvard Journal of Law & Public Policy's online publication, Per Curiam.

Featuring:

  • Gene Hamilton, President and Co-Founder, America First Legal Foundation
  • Hon. Steven J. Menashi, Judge, United States Court of Appeals, Second Circuit
  • (Moderator) Tiago De Almeida Graff, Editor-in-Chief, Harvard Journal of Law & Public Policy

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.