Advisory Opinions Birthright Citizenship Oral Arguments
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Apr 1, 2026 
Akhil Amar, Yale Law professor and constitutional originalist, and Amanda Tyler, legal scholar and former clerk, join to unpack oral arguments about birthright citizenship. They discuss historical texts and Wong Kim Ark, the Court’s questioning dynamics, possible statutory vs constitutional paths, and how justices’ reactions could shape remedies and political fallout.
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Prospective EO Raises Alarming Retroactivity Risks
- The executive order was explicitly prospective, raising concerns about retroactivity if a later administration made it retroactive.
- Amanda Tyler emphasized retroactive application could force historic lineage inquiries and strip citizenship from millions.
Wartime Cases Recognized Birthright Citizenship
- Historical precedents like Korematsu and Ex parte Endo treated Japanese-American internees as citizens; courts recognized birthright citizenship even during wartime.
- Amanda Tyler highlighted Justice Black and Justice Jackson's references affirming those internees' citizenship.
President Trump's Presence Altered The Room But Not The Justices
- Presence of President Trump at oral argument changed courtroom atmosphere but didn't visibly alter justices' behavior.
- Amy Howe observed heavier security, Trump sitting in the public front row, and John Sauer seeming more animated during his argument.