Justice John Marshall Harlan and Birth Tourism
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One of the more unexpected aspects of the Birthright Citizenship case was the return of Justice John Marshall Harlan. But I think a more careful study of Harlan's lectures suggests that at least part of Trump's order may survive: specifically, the status of children whose mother is in the United States on a tourist or other limited visa. I discuss this question in a new Civitas Outlook essay. Here is the introduction:
The conventional wisdom is that the Supreme Court will strike down President T
The conventional wisdom is that the Supreme Court will strike down President T
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