Michael Barbaro
๐ค SpeakerAppearances Over Time
Podcast Appearances
When the government tried to strip Mr. Wong Kim Ark's citizenship,
on largely the same grounds they raised today, this court said no.
My friend has now clearly said that the government is not asking you to overrule Wong Kim Ark.
That is a fatal concession.
because Wong Kim Ark's controlling rule of decision precludes their parental domicile requirement.
And the majority tells us six times in the opinion that domicile is irrelevant under common law.
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.
Well, I think, again, those were the stipulated facts in the case.
And it's clear we have textual evidence in the majority opinion.
Everyone agreed that those babies were U.S.
citizens.
And Professor Mueller goes on to explain that, you know, there are many cases of those U.S.
citizens going on to a lifetime of government service to the United States.
Everyone agrees those babies.
And seemingly to make the point that even in what seemed like rather extreme circumstances,
where we might question the allegiance of a foreign national and whether they were domiciled, our system determined that their children were American citizens.
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,