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The John Batchelor Show

2/2: #SCOTUS: TRO BIRTHRIGHT CITIZENSHIP. RICHARD EPSTEIN, CIVITAS INSTITUTE

The John Batchelor Show

John Batchelor

News, Books, Society & Culture, Arts

4.52.8K Ratings

🗓️ 15 May 2025

⏱️ 5 minutes

🧾️ Download transcript

Summary

2/2:  #SCOTUS: TRO BIRTHRIGHT CITIZENSHIP. RICHARD EPSTEIN, CIVITAS INSTITUTE
SCOTUS 1888

Transcript

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0:00.0

This is CBSI on the world. I'm John Bats for being educated as I was not in my youth in law by Professor

0:12.8

Richard Epstein, writing at the Civitas Institute in January of this year on birthright

0:18.0

citizenship, which is being argued as a case before the Supreme Court oral arguments

0:23.0

on Friday of this week, the 16th of May, 2025, and Richard has identified passages in Blackstone,

0:31.5

a definitive work for English and American law, as well as the citation of a case from 1898 by the Supreme Court,

0:40.6

the Wang case, United States v. Wang Kim, and the Justice who wrote that opinion in 1898,

0:47.5

Justice Gray, Richard is identifying as misreading or misinterpreting or making an error about the meaning of blackstones.

0:57.3

Professor, what does this mean for the oral arguments on Friday? Are these matters going to come up?

1:02.8

Well, they will because the question is, if it turns out that Trump has a reasonable argument,

1:08.5

then in effect, you can't enjoin him from enforcing it.

1:12.1

So everybody's trying to say on the other side that Wong Kim Ork is a decisive case,

1:17.4

but they miss this point. Only subjects can be citizen.

1:22.4

Aliens cannot be citizens. That's what Blackstone said. That's what was said in countless other cases.

1:28.6

And so what he did in this particular passage is basically says that a Frenchman in England,

1:35.4

if they give birth to a child, give birth to an English citizen. And that was never the case.

1:40.5

In fact, the hostility towards aliens was so great in many ways that they could not bring a lawsuit to

1:47.3

recover real property in England. And the same thing was true in the United States. And so what happens

1:53.5

to get around the ban for people who have been unjustly deprived of their property, what they do

1:59.8

is they pretend that these people are citizens

2:01.7

of the United States when they're not.

2:03.4

Professor, what is the practical application of these revelations?

2:07.1

What does it mean for birthright citizenship?

...

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