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Michael Barbaro

๐Ÿ‘ค Speaker
See mentions of this person in podcasts
9180 total appearances

Appearances Over Time

Podcast Appearances

The Daily
The Supreme Court Takes On Birthright Citizenship

When the government tried to strip Mr. Wong Kim Ark's citizenship,

The Daily
The Supreme Court Takes On Birthright Citizenship

on largely the same grounds they raised today, this court said no.

The Daily
The Supreme Court Takes On Birthright Citizenship

My friend has now clearly said that the government is not asking you to overrule Wong Kim Ark.

The Daily
The Supreme Court Takes On Birthright Citizenship

That is a fatal concession.

The Daily
The Supreme Court Takes On Birthright Citizenship

because Wong Kim Ark's controlling rule of decision precludes their parental domicile requirement.

The Daily
The Supreme Court Takes On Birthright Citizenship

And the majority tells us six times in the opinion that domicile is irrelevant under common law.

The Daily
The Supreme Court Takes On Birthright Citizenship

Right.

The Daily
The Supreme Court Takes On Birthright Citizenship

She basically seems to be saying where the Trump administration finds some legal solace in this case, which is that old arc case, means that actually they have no case at all because that domicile argument in her telling is just kind of bunk.

The Daily
The Supreme Court Takes On Birthright Citizenship

Well, I think, again, those were the stipulated facts in the case.

The Daily
The Supreme Court Takes On Birthright Citizenship

And it's clear we have textual evidence in the majority opinion.

The Daily
The Supreme Court Takes On Birthright Citizenship

Everyone agreed that those babies were U.S.

The Daily
The Supreme Court Takes On Birthright Citizenship

citizens.

The Daily
The Supreme Court Takes On Birthright Citizenship

And Professor Mueller goes on to explain that, you know, there are many cases of those U.S.

The Daily
The Supreme Court Takes On Birthright Citizenship

citizens going on to a lifetime of government service to the United States.

The Daily
The Supreme Court Takes On Birthright Citizenship

Everyone agrees those babies.

The Daily
The Supreme Court Takes On Birthright Citizenship

Right.

The Daily
The Supreme Court Takes On Birthright Citizenship

And seemingly to make the point that even in what seemed like rather extreme circumstances,

The Daily
The Supreme Court Takes On Birthright Citizenship

where we might question the allegiance of a foreign national and whether they were domiciled, our system determined that their children were American citizens.

The Daily
The Supreme Court Takes On Birthright Citizenship

Right.

The Daily
The Supreme Court Takes On Birthright Citizenship

But again, Justice Alito, that would have meant that the children of Irish, Italian, and other immigrants, which Juan Camargo refers to in the debate the framers refer to,