{"id":486,"date":"2026-08-07T13:07:06","date_gmt":"2026-08-07T13:07:06","guid":{"rendered":"https:\/\/americanservicereview.com\/?p=486"},"modified":"2026-08-07T13:07:06","modified_gmt":"2026-08-07T13:07:06","slug":"president-trump-signs-new-birthright-citizenship-and-birth-tourism-orders","status":"publish","type":"post","link":"https:\/\/americanservicereview.com\/?p=486","title":{"rendered":"President Trump signs new birthright citizenship and \u201cbirth tourism\u201d orders"},"content":{"rendered":"

Justice Elena Kagan was sworn in on this day in 2010.<\/p>

At the Court<\/h2>

Last week, the Trump administration asked the Supreme Court on its emergency docket to clear the way for the implementation of President Donald Trump\u2019s executive order on mail-in voting. Twelve states \u2013 led by Alabama \u2013 later echoed this request in their own application. On Monday, the group of 23 states and the District of Columbia challenging the order the court to deny these requests. The matter is now fully briefed, and the court\u2019s ruling could come at any time.<\/p>

Read more What is \u201ctrapped in amber\u201d? An originalist explanation<\/a><\/p><\/div><\/div><\/div><\/div>

Morning Reads<\/h2>

Trump again tries to restrict birthright citizenship after Supreme Court ruling<\/h3>

Will Weissert and Rebecca Santana, Associated Press<\/p>

On Thursday, President Donald Trump announced \u201cthat he is once more trying to limit the number of people who are born in the country who can become American citizens, in a sign that even after his first attempt at limiting birthright citizenship was rejected by the Supreme Court, he\u2019s ready to try again,\u201d according to the Associated Press. \u201cThe president said he was signing two executive actions on immigration, including one limiting the number of people eligible forU.S. citizenship after being born in the United States, while another focused on stopping people from coming to the U.S. to give birth.\u201d The new order on birthright citizenship, released on Thursday evening, is \u201cnarrower in scope than the previous one shot down by the Supreme Court and appear[s] to focus on restricting automatic citizenship to specific categories of people, including children born to adults with connections to foreign embassies or organizations as well as anyone considered an \u2018alien enemy\u2019 of the United States. It also aim[s] to restrict birthright citizenship to anyone whose parents \u2018engaged in fraudulent activity to obtain citizenship.\u2019\u201d The second order \u201cseeks to curb what Trump called \u2018birth tourism\u2019 by increasing restrictions on visitors to the U.S. who want to obtain visas to give birth while in the country.\u201d<\/p><\/div><\/div>

Marquette Law School Poll finds national approval of Supreme Court now at 47%, has remained below 50% since November 2025<\/h3>

Kevin Conway, Marquette Today<\/p>

A new survey from the Marquette Law School Poll showed that \u201c47% of adults approve of the way the United States Supreme Court is handling its job, while 53% disapprove.\u201d \u201cApproval of the Court varies substantially across party lines, with 74% of Republicans approving of the Court, while 35% of independents and 22% of Democrats approve [of it].\u201d The survey also identified a partisan gap in views on the Supreme Court\u2019s relationship with President Donald Trump. While 77% of Democrats say \u201cthe Court rules for Trump often or fairly often,\u201d just 37% of Republicans hold that belief. \u201cAmong all adults, 54% say the Court is going out of its way to avoid a ruling Trump might refuse to obey, while 46% say the Court is not avoiding such a decision.\u201d<\/p><\/div><\/div>

Legal battle over Jewish charter school begins in Oklahoma City federal court<\/h3>

Nuria Martinez-Keel, Oklahoma Voice<\/p>

On Wednesday, a legal battle began over the Oklahoma Statewide Charter School Board\u2019s rejection of a Jewish charter school\u2019s effort to open in the state and \u201coperate using taxpayer funds,\u201d according to Oklahoma Voice. The case may eventually bring the issue of religious charter schools back to the Supreme Court, which, in 2025, deadlocked 4-4 over the constitutionality of opening a Catholic charter school in Oklahoma after Justice Amy Coney Barrett recused. The 4-4 vote left in place an Oklahoma Supreme Court decision holding that the state constitution requires charter schools to be non-religious. Supporters of religious charter schools claim that this requirement amounts to unconstitutional \u201creligious exclusion.\u201d<\/p><\/div><\/div>

Democrats urge appeals court not to overturn mifepristone regulations<\/h3>

Nathaniel Weixel, The Hill<\/p>

In a May on its emergency docket, the Supreme Court allowed for the mailing of mifepristone, one of two drugs used in medication abortions, by pausing a ruling from the U.S. Court of Appeals for the 5th Circuit that would have required in-person dispensing. The dispute over access to the abortion pill \u201cis now back before the 5th Circuit, which will hold oral arguments in September,\u201d according to The Hill. This week, \u201c[t]he entire congressional Democratic caucus filed an amicus,\u201d or friend-of-the-court, brief with the 5th Circuit, urging the court \u201cnot to reinstate an in-person requirement.\u201d \u201cDecades after FDA\u2019s initial approval of mifepristone and years after the in person dispensing requirement was eliminated, Louisiana now seeks to re-impose this onerous nationwide restriction on all Americans. Granting such relief would undermine the science-based statutory framework Congress requires and threatens patient access to reproductive health care,\u201d the brief said.<\/p><\/div><\/div>

Edgy Vanity Plates Test Limits of Free Speech<\/h3>

Adam Liptak, The New York Times<\/svg><\/span><\/p>

In his newsletter for The New York Times, Adam Liptak explored what he called \u201c[t]he next great First Amendment battleground:\u201d license plates. \u201c[C]ourts are splintered over whether and how states can censor the messages the plates convey,\u201d he explained. The key question in disputes over the messages drivers choose for their vanity license plates is whether those messages are a form of government speech. If they are, \u201cthe First Amendment does not figure in the analysis,\u201d according to Liptak. \u201cThe government, the Supreme Court has ruled, … can refuse to endorse messages with which it disagrees.\u201d On Friday, a panel of the U.S. Court of Appeals for the 4th Circuit ruled that \u201cvanity plates are private speech subject to First Amendment protections\u201d in a case on a Virginia plate carrying a message that\u2019s critical of law enforcement. Virginia \u201cannounced on Wednesday night that it would seek Supreme Court review.\u201d<\/p><\/div><\/div><\/div><\/div>

On Site<\/h2>
Contributor Corner<\/span>

Beyond the swing justice: majority makers, dissent bridges, and coalition drift on the Supreme Court<\/h3>

By Adam Feldman<\/p>

In his Empirical SCOTUS column, Adam Feldman explored \u201ccenters of cross-ideological influence\u201d on the current court, such as majority coalitions bringing together Chief Justice John Roberts and the liberal bloc and dissenting coalitions uniting the three liberal justices with Justice Neil Gorsuch.<\/p><\/div>

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Contributor Corner<\/span>

What is \u201ctrapped in amber\u201d? An originalist explanation <\/h3>

By Haley Proctor<\/p>

In her A Second Opinion column, Haley Proctor reflected on the legal world\u2019s recent focus on the phrase \u201ctrapped in amber,\u201d discussing its relationship with originalism. \u201cProperly understood,\u201d she wrote, \u201coriginalism indeed holds that law is fixed \u2013 \u2018trapped in amber,\u2019 if you will. But the circumstances to which it applies are not. The problem with the amber metaphor is that courts increasingly use it without distinguishing law from its application.\u201d<\/p><\/div>

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Podcasts<\/h2>
Advisory Opinions<\/span>

Fauci Pleads the Fifth | Interview: Elie Honig<\/h3>

Sarah Isgur and David French are joined by CNN senior legal analyst Elie Honig to discuss Anthony Fauci\u2019s invocation of the Fifth Amendment. Then it\u2019s on to a constitutional game show where each member of this three-person team picks two constitutional amendments they would magically ratify and one amendment they would veto.<\/p><\/div><\/div><\/div><\/div><\/div>

A Closer Look<\/div>

Justice William Paterson<\/h3><\/div>

Justice William Paterson is, to date, the only justice to have been born in Ireland and is one of only six justices to have been born outside of the United States.<\/p>

Read more Beyond the swing justice: majority makers, dissent bridges, and coalition drift on the Supreme Court<\/a><\/p>

Paterson was born in December 1745 in County Antrim. In 1747, before he turned two, the family left for America and arrived in Delaware. His father sold tin goods throughout the colonies before opening a general store in Princeton in 1750, across the road from the soon-to-be-built Nassau Hall, today the oldest building at Princeton University (and which served as a battleground during the American Revolution). Aided by local real-estate purchases, Paterson\u2019s father was able to fund his son\u2019s education. Admitted to the College of New Jersey (today Princeton University) at 14, Paterson helped establish the Cliosophic Society with Aaron Burr, a \u201csocial and debating club\u201d whose name he likely coined. After graduating in 1763 and earning a graduate degree three years later, he read law under Richard Stockton and was admitted to the bar in 1768.<\/p>

After the American Revolution began, Paterson served as a delegate to and secretary of New Jersey\u2019s provincial congresses, recording the state\u2019s first official constitution in 1776, while also serving as an officer in the Somerset County Minutemen and on the Council of Safety, which organized New Jersey\u2019s militia. As the state\u2019s first attorney general from 1776 to 1783, Paterson \u201cactively prosecuted Loyalists\u201d while also maintaining a busy private practice. Tragically, his infant daughter died in June 1783 and his wife Cornelia passed away that November, four days after the birth of their son.<\/p>

The Constitutional Convention proved Paterson\u2019s \u201cfinest hour.\u201d According to fellow delegate William Pierce, Paterson was \u201cone of those kind of Men whose powers break in upon you, and create wonder and astonishment.\u201d Championing the small states, Paterson introduced the New Jersey Plan (sometimes known as the Paterson Plan), proposing a one-chamber legislature where every state would vote as an equal. A week after the \u201cGreat Compromise\u201d established equal state representation in the Senate \u2013 two members per state, protecting small states, to balance against another chamber with proportional representation \u2013 Paterson departed the Convention on July 23, leaving the drafting to others. He reappeared in September to sign the Constitution, becoming one of seven foreign-born signers.<\/p>

Elected to the first Senate, Paterson drafted the Judiciary Act of 1789 alongside his old Princeton classmate (and future chief justice) Oliver Ellsworth, which set the initial number of justices on the Supreme Court at six. Indeed, the act\u2019s first nine sections (which created the district and circuit courts, among other things) are in Paterson\u2019s handwriting. Paterson then became the first person ever to resign from the Senate, trading his seat to become the second governor of New Jersey.<\/p>

President George Washington nominated Paterson to the Supreme Court in 1793 but withdrew the nomination the next day over a procedural issue. Washington then renominated him on March 4 and he was confirmed that same day. (Washington later offered him the role of Secretary of State in 1795, which Paterson declined.)<\/p>

One of Paterson\u2019s most important statements came while riding circuit, in 1795\u2019s Vanhorne\u2019s Lessee v. Dorrance<\/em>, where his jury charge asked \u201cWhat is a Constitution? It is the form of government, delineated by the mighty hand of the people.\u201d He continued that \u201cevery act of the Legislature, repugnant to the Constitution, is absolutely void\u201d \u2013 which Chief Justice John Marshall drew on in Marbury v. Madison<\/em>. In 1796\u2019s Hylton v. United States<\/em>, Paterson wrote that the carriage tax (a federal tax on carriages kept for the owner’s personal use, passed by Congress in 1794) was \u201cindirect,\u201d meaning it could stand under the Constitution. Two years later in Calder v. Bull<\/em>, Paterson joined three colleagues in a unanimous judgment (only four justices heard the case and each wrote a seriatim opinion) confining ex post facto clauses \u2013 which prevent Congress and the states from passing laws that reach backward onto past conduct \u2013 to criminal laws only.<\/p>

In 1803, Paterson was injured in a coach accident while riding circuit. Although the crash wasn\u2019t fatal, it left him with health problems that never went away. Hoping a New York spa could help with his symptoms, he headed there in September 1806 but never arrived, dying en route at the Albany home of his daughter. Paterson was buried at his daughter\u2019s husband\u2019s manor. When the manor was destroyed around 1900, his remains were reinterred in Albany Rural Cemetery.<\/p><\/div><\/div>

SCOTUS Quote<\/h2>

JUSTICE GINSBURG: “How is \u2013\u00a0how is that determined, that a substantial composite of the general public would find the\u00a0\u2013\u00a0the mark shocking or offensive? I mean, if \u2013\u00a0considering what’s involved in this case, if you were to take a\u00a0\u2013\u00a0a composite of, say, 20-year-olds, do you think that that answer would be they would find it shocking?\u201d<\/p>

MR. STEWART: “I\u00a0\u2013\u00a0I think not\u00a0\u2013\u00a0I think there are certainly some segments of society that are more likely to find particular marks shocking than others. I\u00a0\u2013\u00a0the\u00a0\u2013\u00a0the PTO, it\u00a0\u2013\u00a0its initial determination was that this mark would be perceived by a substantial segment of the public as the equivalent of the profane past participle form of a well-known word of profanity and perhaps the paradigmatic word of profanity in our language.”<\/p>

Read more Tariff refunds reach $100 billion mark<\/a><\/p>

\u2014 (2019)<\/p><\/div><\/div><\/div><\/div>","protected":false},"excerpt":{"rendered":"

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