The Post & Email by Joseph DeMaio
As dedicated P&E readers are well aware, there is now pending in the Supreme Court the case of Trump v. Barbara. The case involves a challenge to President Trump’s Executive Order 14160 regarding the meaning of “birthright citizenship” under the 14th Amendment. Following a post by the intrepid P&E Editor here, your humble servant addressed the issue here.
The Supreme Court granted certiorari review as to one of the two cases where President Trump had petitioned for review on Dec. 5, 2025. Now, the matter is proceeding before the Court through briefing of the merits and culminating in oral arguments, likely in early 2027.
Solicitor General John Sauer’s Opening Brief (“OB”) on the merits is – with but one minor editorial comment discussed in epilogue later – beyond merely persuasive: it is compelling. Moreover, that is a conclusion which the Supreme Court – assuming that a majority of its members will find the backbone to adhere to judicial principle – should confirm in its ultimate decision. As a side-note, and to its credit as well, the OB refers to “undocumented immigrants” by their true names: “illegal aliens.”
https://www.supremecourt.gov/DocketPDF/25/25-365/392236/20260120203524283_25-365BarbaraGovtBr.pdfBut do not take your humble servant’s word for it, as he may be seen as somewhat biased. Read the brief (linked above) yourself. That exercise will reveal and document that the authors of the 14th Amendment intended that it operate to confer U.S. citizenship on emancipated African slaves, and not to bestow such citizenship upon illegal aliens or, for example the offspring of such illegal aliens who have invaded this nation from Mexico, Guatemala, China or Somalia…, or, for that matter, from Sweden, France, Australia or Ireland.
More:
https://www.thepostemail.com/2026/01/26/revisiting-the-birthright-citizenship-and-nbc-issues/
