Trump v. Barbara · ¶286

The question was not prominent in judicial opinions in the 20th century. One of the first substantial discussions arose 105 years after Wong Kim Ark, when Judge Posner treated the matter as unsettled. “A constitutional amendment may be required to change the rule whereby birth in this country automatically confers U. S. citizenship,” he wrote, “but I doubt it.” Oforji v. Ashcroft, 354 F. 3d 609, 621 (CA7 2003) (concurring opinion). “The purpose of the rule was to grant citizenship to the recently freed slaves,” and it “would not be flouting the Constitution” to “put an end to the nonsense.” Ibid.

slip opinion, revised 7/01/26
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