Prof. Ilan Wurman Quoted in New York Times About Supreme Court Considering Executive Order About 14th Amendment

Professor Ilan Wurman, Julius E. Davis Professor of Law, was quoted in the New York Times about the U.S. Supreme Court’s consideration of an executive order ending birthright citizenship that has been allowed under the 14th Amendment. For more than a century, most scholars and the courts have agreed that though the 14th Amendment was added to the Constitution after the Civil War, it was not, despite Donald Trump’s interpretation, about slavery. Instead, courts have held that the amendment extended citizenship not just to the children of former slaves but also to babies born within the borders of the United States. Prof. Wurman said the executive order fueled new interest in examining the underpinnings of birthright citizenship. He said, “President Trump has a rather uncanny ability to move Overton windows — issues that people thought were off the table are on the table.” He added that a close read of the 1898 case and the historical record reveals that the Supreme Court has never firmly held that children born to those illegally present are citizens.