4/ @evanbernick.bsky.social and I have posted our amicus brief, "An Originalist Defense of Birthright Citizenship" on SSRN, with our deepest gratitiude to @brendanbenedict.bsky.social & @mike-altebrando.bsky.social as our counsel who added so much substance:
papers.ssrn.com/abstract=635...
In a brief from the originalist legal scholars Evan Bernick and Jed Shugerman, the authors argue that Trump's interpretation of the 14th Amendment is based on dubious claims of the text's original meaning. https://loom.ly/RPK4hdo
Quite proud of this brief I worked on—filed on behalf of eight immigrant rights orgs—which points out the disconnect between the govt’s legal theory of birthright and the terms of the EO, which would affect millions of people with deep ties to our country.
www.supremecourt.gov/DocketPDF/25...
Great brief, really enjoyed reading through this - Very nice work @nbaron.bsky.social and team.
this is a great brief and it appropriately ends with a killshot: the simple observation that if trump's meaning held, the birthright clause would not have overturned dred scott, the one thing it was absolutely meant to do.
Thank you, Akiva.
More credit goes to @brendanbenedict.bsky.social
@mike-altebrando.bsky.social and
@evanbernick.bsky.social
I'm really proud of our teamwork here. I love this closing paragraph (and I didn't write it, nor did I write the killer intro, which I also love).
3/ I provide more detailed evidence in support of Part IV in this article, with the support of many legal scholars before me:
"An Originalist Case for Birthright Citizenship:
The Inclusion of 'Temporary Sojourners' and of Chinese and Roma"
forthcoming UC L. J. 2026
papers.ssrn.com/sol3/papers....
Pretty straightforward from here
With the outstanding teamwork with Brendan Benedict and Michael Altebrando, @evanbernick.bsky.social & I proudly filed this originalist amicus brief defending birthright citizenship in Trump v. Barbara:
www.supremecourt.gov/DocketPDF/25...
The latest Monopoly Report podcast! Alan Chapell w antitrust litigator Brendan Benedict, discussing the civil antitrust lawsuits being filed against Google by publishers and adtech companies.
www.monopolyreportpod.com/
✌️98% lurker and more active on Twitter (refuse to call it X).
I almost wrote "voting rights and wrongs" before remembering that's the title of an Abigail Thernstrom book from Shep Melnick's class
An American Problem: Throwing Away the Voting Rights Umbrella in the Rainstorm of Racial Bias
Meta prevailed in court today as a judge ruled its earlier monopoly claims don’t hold now that Facebook trails TikTok and YouTube. @brendanbenedict.bsky.social joins Ian Masters to break down the decision. Listen wherever you stream your podcasts. on.soundcloud.com/TldAFKLa3itD...
This week, our legal team filed an amicus brief calling on the Supreme Court to take up the case challenging Merck’s deceptive practices to preserve its mumps vaccine monopoly. Find the brief here: www.openmarketsinstitute.org/publications...
With my comment to @ashleybelanger.bsky.social
Preview of what to expect at the major Facebook trial that begins Monday.
Big Tech on Trial will provide daily coverage.
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