Is the Trump Administration's EO on birthright citizenship unconstitutional? What is the historical support on either side of the question?

The 2025 Third Circuit Conference wraps up in Philadelphia with a discussion on "Birthright Citizenship: An Originalist Debate," ft. Evan Bernick, @ilan_wurman, & Hon. Joshua Wolson.


The full debate can be viewed here: 

A group of 14 state attorneys general have sued @Elonmusk and @Doge, alleging that President Trump’s delegation of power to Musk to halt payments and dismiss employees violates the Appointments Clause. The Appointments Clause also features in other lawsuits against the new administration.

Does the Appointments Clause prohibit President Trump from delegating this authority to Musk? And how does the Appointments Clause work with Article II’s vesting of the executive power in the President? See more expert legal commentary and analysis below 👇 President Trump created the Department of Government Efficiency in the Executive Office of the President by renaming the U.S. Digital Service.

In addition to providing that a U.S. DOGE Service Administrator should report to the White House Chief of Staff, his order also established that each agency should establish a “DOGE Team of at least four employees.”

Read the EO:
whitehouse.gov/presidential-a…

U.S. District Judge John C. Coughenour has temporarily blocked President Trump’s Executive Order aimed at ending birthright citizenship, calling it “blatantly unconstitutional.” This marks a significant moment in the debate over the 14th Amendment and citizenship rights. 🖊️

Stay tuned as we explore commentary and debate on how this decision could shape future interpretations of the Constitution and the evolving debate on birthright citizenship. 🧵 The debate over the 14th Amendment’s Citizenship Clause is not new. In a 2011 op-ed, Hon. James Ho, now a Judge of the U.S. Court of Appeals for the Fifth Circuit, argued it unambiguously enshrines birthright citizenship: “A foreign national living in the U.S. is 'subject to the jurisdiction thereof' because he is legally required to obey U.S. law.” wsj.com/articles/SB100…

Forty years ago on April 23rd, 1982, students from around the country came together at Yale Law to organize the First Annual Federalist Society Student Symposium. The symposium laid the foundation for what would grow to become a national organization of over 60,000 students, lawyers, and faculty members.

[LIVE] Bipartisanship and High Profile Congressional Oversight @FedSocAI #FedSocEvents "Bipartisan inquiries still drive change." Elise Bean of @_WayneLaw #FedSocEvents @FedSocAI

[LIVE] A World Without Chevron? @FedSocAI Legislative Branch Review Conference #FedSocEvents Prof. @jennmascott of @georgemasonlaw moderates the panel. Featuring Kristin E. Hickman (@UofMNLawSchool), @ddonigernrdc (@NRDC), Mark Chenoweth (@NCLAlegal), and @DavidSchoenbrod (@nyulaw) #FedSocEvents

"We need experience & expertise at the agencies which were created by Congress to develop the specifics…The courts can & have held Congress & regulations invalid when the agencies go out of the lanes that were established for them." Prof. Sally Katzen @nyuniversity #FedSocEvents "We are giving enormous power to the judiciary to define our lives" and members of the courts don't have the background "to make these kinds of decisions." Prof. Sally Katzen @nyulaw #FedSocEvents

Panel 3 of the Annual Florida Chapters Conference: Election Law and Redistricting in Florida. #FedSocEvents J. Christian Adams of @PILFoundation opens the panel. #FedSocEvents

Day 2 of the Annual Florida Chapters Conference begins with a Round Table Discussion on Religious Liberty Court Cases. #FedSocEvents @AllianceDefends “Religious freedom protects the devout Catholic as much as the ardent atheist.” @KWaggonerADF #FedSocEvents

The 2019 Florida Chapters Banquet begins with an address by @AshleyMoodyFL. #FedSocEvents “Government should only act within the powers given to it by the Constitution and the people. That power is limited.” @AshleyMoodyFL #FedSocEvents

The Annual Florida Chapters Conference opens with a panel on “Stare Decisis and Precedent.” #FedSocEvents .@randyjkozel sets the stage for the discussion of stare decisis. #FedSocEvents

The 2019 Annual Western Chapters Conference is underway at the @Reagan_Library. Hon. Allison Eid moderates the opening panel, "Debate on Nationwide Injunctions." #FedSocEvents “The federal government can’t commandeer state and local officials” to enforce federal law, but “that doesn’t apply when the federal government has made an unambiguous condition on federal spending.” @jeastman714 #FedSocEvents

[STARTING at 12:15p ET] The “Second Amendment in the New Supreme Court” Conference concludes with an address by Prof. Renee Lerner of @gwlaw. #FedSocEvents #SCOTUS [LIVE] Starting momentarily: Address by Prof. Renee Lerner of @gwlaw. #FedSocEvents

[LIVE] Panel 2 of the “Second Amendment in the New Supreme Court” Conference begins at 10:30a ET. Panelists will debate: Are semiautomatic rifles, aka “assault weapons,” protected by the Second Amendment? #FedSocEvents #SCOTUS #2A STARTING NOW: Are semiautomatic rifles, aka “assault weapons,” protected by the Second Amendment? Watch live: #FedSocEvents

[LIVE] The first panel of today’s “Second Amendment in the New Supreme Court” Conference will begin momentarily. #FedSocEvents #SCOTUS The first panel will debate the question: Does the right to bear arms include a right to carry handguns in public? Watch live:

"The U.S. will use any means necessary to protect our citizens & those of our allies from unjust prosecution by this illegitimate court. We will not cooperate with the ICC, will not provide any assistance to the ICC, & we certainly will not join the ICC." [LIVE] The ICC "unacceptably concentrates power in the hands of an unchecked executive who is accountable to no one." Hon. John Bolton #FedSocEvents

[LIVE] Starting Now: @SenRandPauI addresses the @GtownFedSoc. #FedSocEvents [LIVE] @GtownFedSoc students introduce @SenRandPauI. Watch live. #FedSocEvents