Who Gets to Be American? A History of Birthright Citizenship on Trial (July 2025)

The Supreme Court just upheld birthright citizenship, striking down Trump's executive order in a 6-3 ruling that leans directly on a case 130 years in the making. We're re-releasing our deep dive into Wong Kim Ark — the Chinese American son of immigrants who won this exact fight at the Supreme Court in 1898 — because Chief Justice Roberts built this week's decision on Wong's story, by name.

In this episode: the history of the 14th Amendment, the Chinese Exclusion Act, Julia Lynch's 1844 citizenship case, and how "subject to the jurisdiction thereof" has been the most contested phrase in American immigration law for over a century. Plus a new opening and closing segment breaking down this week's ruling, the rejected "domicile" argument, and why the fight isn't actually over.

Birthright citizenship. The 14th Amendment. American identity. Immigration history. All still unfinished business.

Show Notes

Episode Summary

Originally released in 2025, this episode traces the legal and racial history of birthright citizenship in America — from the Naturalization Act of 1790 through Wong Kim Ark (1898), Lynch v. Clarke (1844), and Trump's January 2025 executive order. This re-release adds new bookend segments covering the Supreme Court's June 30, 2026 ruling in Trump v. Barbara, which upheld birthright citizenship 6-3.

What's New in This Re-Release

Breakdown of the Supreme Court's ruling and Chief Justice Roberts' majority opinion

Why the administration's "domicile" argument failed

Fact-check: can Congress end birthright citizenship by passing a law? (No — here's why)

What comes next for immigration policy after this ruling

Topics Covered