Originalism Could Save Birthright Citizenship in America.

The article focuses on the Supreme Court oral arguments regarding President Donald Trump’s executive order attempting to end birthright citizenship. Central to the case is the interpretation of the 14th Amendment, which grants citizenship to "all persons born or naturalized in the United States, and subject to the jurisdiction thereof." The Court, including Trump-appointed justices, questioned the administration’s argument that children of undocumented immigrants are not subject to U.S. jurisdiction, noting that when the amendment was enacted in 1868, the concept of "illegal aliens" did not exist. The longstanding precedent set by the 1898 case United States v. Wong Kim Ark affirms that children born in the U.S. are citizens regardless of their parents’ immigration status, suggesting the executive order is likely unconstitutional under originalist interpretation. [Extracted from the article]