Constitutional-Law

The Fourteenth Amendment’s Citizenship Clause is one sentence: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” It was ratified in 1868. The Supreme Court interpreted it — clearly, and with essentially the meaning everyone has understood it to have for over a century — in 1898. Nobody seriously disputed what it meant for 128 years. On June 30, 2026, the Supreme Court reaffirmed that meaning and struck down Trump’s executive order trying to end birthright citizenship for children of undocumented and temporary-visa immigrants. That’s the good news. The bad news is what it took to get there, and what three sitting justices were willing to argue in order to reach the opposite conclusion. ...

On February 19, 2026, a federal judge in West Virginia released a 21-year-old Salvadoran man from immigration detention and, in doing so, produced one of the most searingly direct opinions in recent American legal history. Anderson Jesus Urquilla-Ramos had come to the United States fleeing violence in El Salvador. He had a pending asylum case. He had valid work authorization. He had a valid driver’s license. On a West Virginia highway, a traffic stop — pretextual, for a license plate cover — became the occasion for his arrest by federal agents who wore masks, carried military-style weapons, drove unmarked vehicles, and presented no warrant of any kind. ...

The Supreme Court ruled today — February 20, 2026 — that the International Emergency Economic Powers Act does not give the President the power to impose tariffs. The vote was 6-3. Chief Justice Roberts wrote for the majority. The Court’s most sweeping executive trade action in modern history has been struck down as unconstitutional overreach. The case is Learning Resources, Inc. v. Trump, consolidated with V.O.S. Selections v. United States. The ruling vacates the Trump administration’s “Liberation Day” tariffs — the sweeping duties imposed in April 2025 on imports from dozens of countries — and remands the question of refunds to the U.S. Court of International Trade. More than $160 billion in IEEPA tariff revenue has been collected since January 2025. The fight over who gets it back, and how, is now just beginning. ...