Trump v. Barbara · ¶384

The Citizenship Order is fully consistent with this decision. Under the Order, people like Wong remain citizens, and the Government today nowhere urges the position that it took in Wong Kim Ark. To the contrary, it invokes authorities that the Government in Wong Kim Ark opposed. Compare Brief for Petitioner 13–43 (arguing for domicile rule) with Brief for Appellant in Wong Kim Ark, O. T. 1895, No. 904, at 13–31 (arguing against domicile rule). The Court nonetheless leans heavily on dicta from the majority opinion in Wong Kim Ark, which it takes to have established that Wong’s domicile was irrelevant, and that he—a lifelong American—was indistinguishable from a person who had no meaningful ties to America.

slip opinion, revised 7/01/26
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