Dana El-Kurd
speaker
4,891 appearances
2 recordings
1 series
first heard Mar 2026
last heard 30 May
Dana El-Kurd’s voice in public audio — every appearance, attributed to the second.
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recordings per month · last 12 monthsRecordings per month over the last 12 months — 2 in all, peaking in May 2026 with 1.
Appearances
This rare progressive ruling was for naught, however.
The Supreme Court overturned the Fifth Circuit once again.
Clarence Thomas wrote the opinion for the 5-4 majority, essentially ruling, as Mistal summarized the case, quote, that the post office is immune from liability even when its workers intentionally refuse to do their jobs.
Mistal suggested that this decision carries ominous implications for the upcoming election should the U.S.
Postal Service, for instance, refuse to deliver mail-in ballots.
In spite of James Howe's status as an immigrant, his most alarming opinion might be regarding birthright citizenship.
Ratified in 1868, just three years after the end of the Civil War, the 14th Amendment to the United States Constitution declares in its opening sentence that, "...all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside."
For 128 years, the Supreme Court has rejected claims that citizenship can be denied to persons born or naturalized here based on their race or the immigration status of their parents.
In the 1898 United States v. Wong Kim Ark case, the Supreme Court upheld the citizenship of a man born in the United States to Chinese parents.
The government tried to block Ark from returning to the United States after he visited China based on the 1882 Chinese Exclusion Act, which barred the Chinese from immigrating here.
The court ruled 6-2 that Ark's birth in the United States established his American citizenship and his right to reside here.
James Ho has not always attacked the concept of birthright citizenship, and in fact, he used to defend it.
Quote, birthright citizenship is a constitutional right, no less for the children of undocumented persons than for the descendants of passengers of the Mayflower, Ho said in a 2007 opinion piece for the Des Moines Register.
However, as the political wind shifted strongly against immigrants, particularly in the Trump era, Ho is also tilted in a dramatically different direction.
In a 2024 interview, Ho claimed that the United States was being invaded by the foreign-born and that denying citizenship to the children of the undocumented was necessary to defend national sovereignty.
The question of birthright citizenship might now be out of the hands of Ho and the rest of the Fifth Circuit.
On December 5th, the Supreme Court agreed to hear a case on the constitutionality of Donald Trump's executive order that would deny citizenship to those born in the United States if their parents were in the country temporarily or lacked legal status.
Dr. Yu thinks that the Supreme Court is likely to accommodate those restrictions, even as they reject James Ho's more extreme theories.
I think the Supreme Court would roll back some portion of the 14th Amendment protection over people who are born in this country.
But I don't think they are going to what Justice Ho is going after.
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