Category: Joseph DeMaio
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Yet Another Modest Proposal
by Joseph DeMaio, ©2026 (Oct. 4, 2026) — As faithful P&E readers will recall, over the years your humble servant has made several “modest proposals” seeking to address unresolved issues then percolating in the Republic. Most, if not all of those proposals, have dealt with the “birthright citizenship” and “natural born Citizen” (“nbC”) matters under…
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The Fallout From Trump v. Barbara
by Joseph DeMaio, ©2026 (Aug. 22, 2026) — INTRODUCTION The recent SCOTUS decision in Trump v. Barbara – holding, among other things, that if born here on U.S. soil, the child of an illegal alien or a foreigner unlawfully present here is nonetheless a U.S. citizen – continues to produce fallout. While technically not radioactive,…
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In Defense of Professor Ilan Wurman
by Joseph DeMaio, ©2026 (Jul. 31, 2026) — Professor who? … you may ask. Pay attention, faithful P&E readers, as the following will give you a better understanding of the intellectual goo that presently passes for “viewpoint tolerance” and “academic integrity” on many of the Republic’s university and college campuses, especially in the law “schools”…
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86 – nbC
by Joseph DeMaio, ©2026 (Jul. 26, 2026) — Introduction The following offering on the “birthright citizenship” decision in Trump v. Barbara picks up where your humble servant’s initial offering left off. Specifically, it will address in greater detail the remote – yet now thanks to the Barbara decision – actual potential for the neutering…
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Birthright Citizenship, the 14th Amendment and the Inertia of Indifference
by Joseph DeMaio, ©2026 (Jun. 30, 2026) — [Author’s Note: A more detailed analysis will follow after the opinion (and the dissents) are more carefully reviewed.] Heads up, faithful P&E readers: this is big. The Supreme Court has released its decision in Trump v. Barbara, the “birthright citizenship” case that has attracted much attention since…
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Yet Another Modest (Somewhat) Proposal
by Joseph DeMaio, ©2026 (Jun. 1, 2026) — OK, faithful P&E readers, buckle up for yet one more modest (as modified in the title, “somewhat”) proposal. Over the years, your humble servant has offered several proposals aimed at addressing the anomalies and conundrums affecting the body politic. Thus far, none have been adopted. That said,…
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The Trump v. Barbara Oral Arguments Fallout
by Joseph DeMaio, ©2026 (Apr. 3, 2026) — Well, the oral arguments in Trump v. Barbara, the “birthright citizenship” case, are over and the matter is now under advisement with SCOTUS. Interested readers can view the transcript here. And as usual, the armchair pontificators are busily at work tapping out their predictions on their keyboards…,…
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The Birthright Citizenship Homestretch
by Joseph DeMaio, ©2026 (Mar. 20, 2026) — As we enter the final days leading up to the oral arguments in Trump v. Barbara, it may be prudent to review the briefs on the merits of President Trump and his opponents, as well as the myriad amicus curiae (“friend of the court”) briefs that have…
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The SEIU Phantom Sob Stories
by Joseph DeMaio, ©2026 (Feb. 27, 2026) — Introduction The “birthright citizenship” saga continues with the filing of a series of amicus curiae briefs in the Trump v. Barbara “birthright citizenship” case now pending in the Supreme Court. One of the latest is the brief of the Service Employees International Union (SEIU), opposing, of course,…
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Don’t Rock the Boat
by Joseph DeMaio, ©2026 (Feb. 22, 2026) — The Brief of the Barbara Respondents (“BRB”) in Trump v. Barbara, the “birthright citizenship” case now pending in the Supreme Court, has been filed. Unsurprisingly, it regurgitates the same shopworn arguments already offered up in opposition to President Trump’s Executive Order (“EO”) 14160, i.e., that virtually anyone…
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It’s About Time
by Joseph DeMaio, ©2026 (Feb. 9, 2026) — Attorney General Pam Bondi and FBI Director Kash Patel have announced the arrest of one of the “key actors” and prime alleged participants in the 2012 attack on the U.S. consulate/compound in Benghazi, Libya: one Zubayr Al-Bakoush. The attack resulted in the deaths of U.S. Ambassador to Libya…
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April Fool’s Day, 2026
by Joseph DeMaio, ©2026 (Feb. 7, 2026) — INTRODUCTION The Supreme Court has set April 1, 2026 as the date the Justices will hear oral arguments in Trump v. Barbara, the much anticipated “birthright citizenship” case. With any kind of luck, the Court will uphold President Trump’s efforts to end automatic “birthright citizenship” for every…
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Revisiting the Birthright Citizenship and nbC Issues
by Joseph DeMaio, ©2026 (Jan. 26, 2026) — INTRODUCTION As dedicated P&E readers are well aware, there is now pending in the Supreme Court the case of Trump v. Barbara. The case involves a challenge to President Trump’s Executive Order 14160 regarding the meaning of “birthright citizenship” under the 14th Amendment. Following a post by…
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Common Sense and Mr. Katyal
by Joseph DeMaio, ©2025 (Nov. 7, 2025) — Earlier this week, the Supreme Court heard oral arguments in the case challenging President Trump’s use of Tariffs. In that case – Learning Resources Inc. v. Trump, the now-private attorney representing the challengers was one Neal Katyal, a former Acting Solicitor General of the United States under Barack…
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Of Birthright Citizenship; 47’s Certiorari Petitions; the Tennessee Amicus Curiae Briefs; and the nbC Issue
by Joseph DeMaio, ©2025 (Oct. 26, 2025) — INTRODUCTION Well, well, well… some sanity and rational thought may at last be seeping into the question and analysis of the so-called “birthright citizenship” issue under the 14th Amendment. As discussed by your humble servant earlier this year here, the 14th Amendment birthright citizenship issue is different,…
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The Simmering nbC Issue
by Joseph DeMaio, ©2025 (Sep. 12, 2025) — Introduction As the “birthright citizenship” issue strolls its way through the lower federal courts, its related “kissing cousin” issue – the “natural born Citizen” (“nbC”) presidential eligibility restriction – remains on a back burner, simmering in a pot of widespread electorate, academic and media indifference. Happily, one…
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The CASA Decision
by Joseph DeMaio, ©2025 (Jun. 28, 2025) — Introduction Well, whatta ya know? A semblance of rational thought may be returning to the Supreme Court. The Court has now held, in a split 6-3 decision, with Justice Barrett authoring the majority opinion, that President Trump is entitled to several “stay” orders blocking application of lower…
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Additional Thoughts on Gray’s Anomaly
by Joseph DeMaio, ©2025 (Jun. 5, 2025) — As the Republic awaits a decision from the Supreme Court on the 14th Amendment “birthright citizenship” issue, where President Trump seeks a stay on several “nationwide injunctions” entered by lower district court trial judges (USSC Docket Nos. 24A884; 24A885 and 24A886) – said injunctions, in your humble…
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Does Gray’s Anomaly Matter?
by Joseph DeMaio, ©2025 (May 9, 2025) — Introduction In the continuing saga of the impact (or, for anomaly-deniers) the purported immateriality of Associate Supreme Court Justice Horace Gray’s “Anomaly,” addressed here, a few fathoms in a deeper dive into the issue may help. This dive may have more relevance to the “natural born Citizen”…
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“Birthright Citizenship” and the Amicus Curiae
by Joseph DeMaio, ©2025 (May 2, 2025) — Introduction In the law, there is a term known as amicus curiae. In English, the term translates from Latin to mean a “friend of the court.” Normally, the term refers to a legal brief prepared by people or organizations other than the actual party-litigants and purporting to…