Jurisdiction, Domicile, and the Ratio Decidendi of Wong Kim Ark
March 31, 2026
When the Supreme Court hears oral argument tomorrow in Trump v. Barbara, Solicitor General John Sauer will try to persuade the Justices that a child is born “subject to the jurisdiction” of the United States only if the child’s parents are domiciled in the United States at the time of its birth. Relying on this premise, Sauer will argue that President Trump’s January 2025 Executive Order, which effectively restricts birthright citizenship to the children of citizens or lawful permanent residents, is justified by this domicile requirement.
Read the post by Faculty Advisor John Mikhail here.