21 July 2025
Stopping the Davids, Shielding the Goliaths
In Barbara v. Trump, an individual federal district court judge stopped the Administration’s birthright citizenship executive order nationwide. Just when the Supreme Court said this was not allowed in Trump v. CASA, a New Hampshire judge ordered universal relief, this time through a class action. There is a big difference between a nationwide injunction that benefits non-parties and a class action that benefits class members. But what they have in common is that they both empower the “little guy” to enforce the rule of law. The Supreme Court has eliminated the former and is now trying to kneecap the latter. Continue reading >>
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20 June 2025
Neither Soil, Nor Blood, Nor Money
Russian oligarchs in Malta, descendants of Italians in South America, and Mexicans crossing into the US make unlikely characters for a common story. Yet over the first half of 2025, the ability of each of these groups to acquire or transmit citizenship status has been under scrutiny, signalling a shared preoccupation with ensuring that citizenship reflects “authentic” bonds and is not acquired instrumentally. In the struggle to define these “authentic” bonds each intervention strikes at the heart of some well-known citizenship tenet – the link to soil, blood, or money – without offering a clear alternative. The resulting void calls for a reflection on the principles that ought to inform rules on citizenship attribution. Continue reading >>27 May 2025
Dismantling Jus Soli
The principle of jus soli has been progressively dismantled in France through the tightening of conditions governing access to French nationality in Mayotte—the 101st department of the Republic and an archipelago in the Comoros located in the Indian Ocean. This restrictive approach was reinforced by the adoption, on 9 April 2025, of a new legislative measure designed to further limit access to birthright citizenship. The Conseil constitutionnel upheld the constitutionality of the contested provisions in its decision of 7 May 2025. Continue reading >>16 May 2025
Whom Is Citizenship For?
On Thursday, May 15, the US Supreme Court heard oral arguments in “the birthright citizenship case.” Instead of deciding on the constitutionality of President Trump’s executive order (EO) banning birthright citizenship for certain classes of individuals, the Court is asked to decide whether lower courts exceeded their authority in placing a nation-wide injunction on the government’s order. But this doesn't make the decision any less significant. Continue reading >>
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03 November 2018