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What if Congress never laid sufficient taxes for this purpose? Can a district judge order the imposition of a tax to pay for this?

The recent order denying #birthright citizenship to children of temporary visitors or unlawfully present persons has sparked a debate about the original meaning of the #FourteenthAmendment’s #Citizenship Clause. Read: spkl.io/6018A8hus Subscribe: spkl.io/6011A8huv

Does this mean all other courts, including the Ninth Circuit, are divested of jurisdiction in pending cases involving other class members? Obviously, the class action mechanism was never intended as a substitute for universal injunctions. If the shoe doesn’t fit….

Also, if traditional rules of ripeness applied, there’d be no lawsuit. No one has yet been denied a benefit of citizenship. And the parents have no legitimate expectation or reliance interests in coming illegally. Judicial norms out the window.

Major revision just dropped of my birthright citizenship paper, incorporating lots of good feedback and with new evidence about safe conducts and immigration statutes from the 12th through 15th centuries. Link in next tweet.

This paper almost found a home in a peer-reviewed journal. Two said publish, two said reject, and a fifth unsolicited review said it was the best treatment of the subject he'd ever read. I think the reviews were super helpful in making this a stronger piece (which is reflected

One fascinating thing about birthright citizenship is that the test was never "jus soli," birth by soil. If you search that term prior to 1870, almost nothing comes up. The test was always born under the "protection" and within the "allegiance" of the sovereign. Yes, that could

Struck a nerve

Prudence Crandall (Look her up.)

Three features of modern injunctions make them especially problematic—particularly in their use against the Trump administration—and risk triggering a constitutional crisis, Ilan Wurman writes.

My essay, “Trump v. the Courts,” in the summer issue of City Journal Magazine. How too many courts have been out of control and what needs to be done to restore a proper balance between the branches. Link in thread.

They were asked what nationality they were and they said French. The police said there was a rumour that they might be Israeli, and were removed from the flight. The Dreyfus Affair on a plane in 2025

Having sued several cities over their public encampments, I can attest this is absolutely true. Also the disastrous housing first nonsense was so widespread because adopting it was a condition of federal dollars since Obama Administration. Now abandoning it will be the condition.

Breaking: One of the French Jewish teenagers thrown off a plane in Spain testifies about what happened and what was said to cause such a reaction.

Housing First was more insidious than people know. Feds have been giving money to implement a policy that makes the problem worse, ensuring further money to the NGOs and organizations that implement these unsuccessful policies. Some call it the homelessness-industrial complex.