The Supreme Court’s Birthright Citizenship Decision Hinges on a Case You’ve Never Heard Of
On April 1, the Supreme Court hears oral argument in Trump v. Barbara, a class-action lawsuit challenging the Trump administration’s executive order seeking to end birthright citizenship for certain people. No one will be surprised to hear lawyers discussing the text of the 14th Amendment’s citizenship clause and the history that led to its ratification—that clearly relates to the Trump administration’s claim that birthright citizenship doesn’t apply to children of “undocumented” or “temporarily present” noncitizens because their parents cannot establish “domicile,” meaning permanent presence in the country. But court watchers may not expect to hear debate about an 1844 inheritance case from New York. Yet that case, Lynch v. Clarke, has become incredibly important. Indeed, it may be instrumental in determining the fate of millions of American-born infants.