Trump v. Barbara · ¶378

The Court’s reverence for Lynch v. Clarke is not commensurate with its importance. Lynch was not a precedent of this Court, or any federal court, or any state appellate court, or even a court of law. Instead, it was decided by a New York “assistant vice-chancellor” in a court of equity’s equivalent to a trial court. The assistant vice chancellor, much like a magistrate judge, had the power to hear “preliminary motion[s] for the suppression of testimony” and cases “refer[red]” to him by the chancellor. See 1845 New York Laws p. 263. The assistant vice chancellor’s opinion on Julia’s citizenship was apparently not reviewed by any appellate court. See W. Mayton, Birthright Citizenship and the Civic Minimum, 22 Geo. Immigration L. J. 221, 239– 240 (2008).

slip opinion, revised 7/01/26
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