Trump v. Barbara · ¶338

Against this settled course of practice, the Court can find only a single executive decision from the entire 19th century that it believes supports its interpretation. Ante, at 13. But, in that case, the Executive Branch ultimately ruled that the claimant—Francois Heinrich—was not a citizen. Heinrich was born on American soil and did not fall into any of the Court’s three exceptions, but Secretary of State Hamilton Fish still concluded that he was “not an American citizen” because he resided in Austria. Letter to Baron Lederer (Dec. 24, 1872), in 2 Wharton Digest 395–396. The Court understands the Executive Branch to have concluded that Heinrich was “originally clothed with American nationality” but then lost that citizenship upon returning to his domicile abroad. Ante, at 13 (internal quotation marks omitted). Even the Court is thus forced to embrace an interpretation of the…

slip opinion, revised 7/01/26
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