James Romoser
speaker
123 appearances
5 recordings
3 series
first heard Apr 2026
last heard 25 Aug
James Romoser’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 — 5 in all, peaking in Jun 2026 with 2.
Appearances
The Journal. · The Supreme Court and Trump: From Birthright to Presidential Power · 30 Jun 2026
podcast
It weighed in on his bid to exert control over formerly independent agencies.
And finally today, in its last opinion of the term before the justices rose for their summer recess, it ruled on birthright citizenship.
The Citizenship Clause says, quote, "...all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States."
And what Trump and his supporters say is that the guarantee of birthright citizenship essentially attracts illegal immigration.
They call this the concept of birth tourism.
They say that immigrants come to the United States without authorization.
They come here illegally for the purpose of having children here, knowing that their children will be automatically entitled to citizenship.
Numerous lower courts immediately blocked Trump's executive order from taking effect.
Various judges called it flagrantly unconstitutional and illegal.
The Trump administration eventually appealed some of those decisions up to the Supreme Court, and that's what put the issue before the justices.
The challengers to Trump's executive order essentially relied on text and history and Supreme Court precedents.
The text of the Citizenship Clause itself, it's worded very broadly.
It says all persons born who are subject to the jurisdiction of the United States are citizens of the United States.
And under the conventional understanding of the word jurisdiction,
Even people who are in the country without authorization are, in some sense, subject to the jurisdiction.
They can be prosecuted, for example, for breaking laws.
They also emphasized historical practice.
They went back and they mined the record about the debates over the 14th Amendment and they marshaled a ton of evidence from the 1860s showing that the clause was always understood to sweep quite broadly.
Trump and his supporters say that conventional view is wrong and that the amendment was never intended to sweep so broadly and was certainly never intended to cover the children of unlawful immigrants, especially in a time when illegal immigration is such a big problem facing the country.
Yeah, the majority opinion, along with the concurrences and the dissents, total 194 pages.
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