Today I walked listeners through day two of the Supreme Court’s oral arguments over birthright citizenship and the Fourteenth Amendment. We paused and unpacked key moments from both sides—Justice Thomas’s questions on state and national citizenship, Chief Justice Roberts’s framing of tradition, and the ACLU’s rebuttal led by Cecillia Wang—while tracing how cases like Wong Kim Ark, Elk v. Wilkins, Yick Wo v. Hopkins, The Schooner Exchange, and Ex parte Quirin are being used to define “subject to the jurisdiction thereof.” We also talked about domicile, temporary sojourners, long‑standing statutory language in 8 U.S.C. § 1401, and the Civil Rights Act of 1866 and Expatriation Act of 1868—keeping our focus on principles, not personalities.

Along the way, we compared what the justices said with historical sources and our audience’s questions, clarified common misconceptions (for example, that a Social Security number is proof of citizenship—it isn’t), and set the table for finishing this rare, illuminating look at how the Court thinks through citizenship, allegiance, and protection. If you missed any of it, the cases and materials we referenced are all linked below so you can read them for yourself.

United States v. Wong Kim Ark (1898), U.S. Supreme Court: https://supreme.justia.com/cases/federal/us/169/649/
Elk v. Wilkins (1884), U.S. Supreme Court: https://supreme.justia.com/cases/federal/us/112/94/
Yick Wo v. Hopkins (1886), U.S. Supreme Court: https://supreme.justia.com/cases/federal/us/118/356/
Ex parte Quirin (1942), U.S. Supreme Court: https://supreme.justia.com/cases/federal/us/317/1/
The Schooner Exchange v. McFaddon (1812), case overview: https://en.wikipedia.org/wiki/The_Schooner_Exchange_v._McFaddon
8 U.S.C. § 1401 (Nationals and citizens of the United States at birth): https://www.law.cornell.edu/uscode/text/8/1401
Civil Rights Act of 1866 (overview and text): https://www.britannica.com/topic/Civil-Rights-Act-United-States-1866
Expatriation Act of 1868 (bill text and background), Congress.gov: https://www.congress.gov/bill/40th-congress/house-bill/768/text
ACLU press release—Cecillia Wang named National Legal Director: https://www.aclu.org/press-releases/aclu-names-cecillia-wang-as-new-national-legal-director
Euro·Folk·Radio (carry of the show): https://eurofolkradio.com/
Global Voice Radio Network (carry of the show): https://www.globalvoiceradio.net/
Radio Soapbox (carry of the show): https://radiosoapbox.com/