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Posts by Carol Nackenoff

I’ve been concerned about the fate of Plyler v Doe (children without documentation cannot be denied state-provided education offered to others). This important 5-4 decision rests on the usual reading of Wong Kim Ark. Joyce Vance elaborates the threat today staytuned.substack.com/cp/193590620

2 weeks ago 0 0 0 0
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A Conspicuous Gap May Undermine Trump’s Birthright Citizenship Plan

Read Adam Liptak’s piece on what Trump’s theory of birthright citizenship would have meant to members of Congress at the time of the 14th amendment’s ratification and citing Amanda Frost www.nytimes.com/2025/12/22/u...

4 months ago 5 3 0 0

The first amicus brief mentioned by Linda Greenhouse in her NYT piece on the tariff case (known as Learning Resources Inc. v. Trump) has 9 signers. I am one. Thanks to Democracy Forward, Corey Brettschneider, and the others who participated, including my former student, Gilbert Orbea.

5 months ago 0 0 0 0
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Opinion | Tune In to the Supreme Court on Wednesday. The Justices Will Be Squirming.

Tune In to the Supreme Court on Wednesday. The Justices Will Be Squirming. www.nytimes.com/2025/11/04/o...

5 months ago 0 0 1 1
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Immigration and Citizenship: Why the 1898 Wong Kim Ark Case is Relevant Today by Carol Nackenoff - University Press of Kansas During Asian American and Pacific Islander Heritage Awareness Month, it is important to recall how courageous people of Asian heritage struggled to attain

kansaspress.ku.edu/blog/2025/05...

8 months ago 4 2 0 0
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How citizenship chaos was averted, for now, by a class action injunction against Trump’s birthright citizenship order The Supreme Court can still invalidate the newest national injunction and allow the order to go into effect anywhere it is not currently barred from doing so. That would create administrative chaos, t...

theconversation.com/how-citizens...

9 months ago 0 0 0 0

I think this recent op-ed by emeritus law professor and terrific scholar Christian Fritz will be of interest to some of you. I post it, entitled "The Constitution--Not Trump--Demands Allegiance" with his permission.
abqjournal-nm.newsmemory.com?publink=1b93...

10 months ago 0 0 1 0
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Thanks, Susan and Lilly! Enjoyed your excellent questions and the chance to share views with Anna, Julie and you all

1 year ago 2 1 0 0
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How Trump is creating an American caste system If the administration's birthright citizenship executive order is implemented, "there will be a new kind of stratification" in the United States.

Birthright citizenship changes? They portend caste hierarchies that will affect citizens as well. Here is my recent Mother Jones interview: www.motherjones.com/politics/202...

1 year ago 13 7 1 1
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This Man Won Birthright Citizenship for All When officials denied that he was a citizen, Wong Kim Ark took his case to the Supreme Court and won. Today, that decision is the focus of debate over who can be an American.

Here's a new piece on Wong Kim Ark and birthright citizenship from Amy Qin (NY Times)--I am not quoted but served as a background source. www.nytimes.com/2025/02/10/u...

1 year ago 10 1 0 1
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The end of law? The Trump regime is refusing to be bound by the federal courts. Where will this end?

Robert Reich talks about one of the big concerns I have robertreich.substack.com/p/what-to-do...

1 year ago 0 0 0 0
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Analysis: How the modern Supreme Court might look at the 14th Amendment and birthright citizenship | CNN Politics In the few days since he returned to the White House, President Donald Trump’s sweeping executive orders and mass pardons have shattered political and legal norms. But one order is in a category of it...

I've been giving some interviews on the Trump birthright citizenship executive order (because of the book J. Novkov and I wrote, American By Birth, but here is something good by way of introduction and background that I had nothing to do with--just thought I'd share:
www.cnn.com/2025/01/23/p...

1 year ago 4 2 0 1