Supreme Court Justice Clarence Thomas offered this opportunity for Solicitor General John Sauer to explain how the 14th Amendment acted as a correction to questions created by the 1857 Dred Scott decision,

While I have written multiple posts for SCOTUSblog on birthright citizenship, a substantial part of my practice is litigating Second Amendment claims. In light of that experience, I was struck […]

The Birthright Clause did not invent a new idea: it constitutionalized an old one.

Critics and supporters of President Donald Trump’s executive order on birthright citizenship often focus on the order’s barring of automatic citizenship to children born to individuals unlawfully present in the United States. In this column, I would ...

The three post–Civil War constitutional amendments offered the United States a second, more democratic founding. Preserving this framework is essential. It became clear to me that the framers themselves adopted the equal protection clause, the 14th ...