SCOTUS will soon hear what may be the most important case since the Civil War

 Garrett Epps writes in the Washington Monthly:

On April 1, the Supreme Court will hear Trump v. Barbara, which will test the theory that the president, with the stroke of a pen, can strip millions of American-born children of the birthright citizenship the Constitution grants them. 

The birthright citizenship case is easily the most important case that will come before the Court this year. I’ll add: Barbara may be the most important case the Court hears in this century.  

It may be the most important case the Court has heard since the Civil War. 

Epps sums up the issue like this:

The first sentence of Section 1 of the Fourteenth Amendment provides that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Since the amendment’s adoption in 1868, these words have applied to those born in the U.S.—except for two classes: First, children born to the families of foreign diplomats, whose diplomatic immunity means they are not “subject to the jurisdiction” of the U.S.; and, second, children born to members of Native American nations living on reservations, who were, in 1868, not “subject to the jurisdiction” because, by treaty, they could not be arrested or sued in federal court. (This provision was undone by the Indian Citizenship Act of 1924.) The birthright of all other American-born children has been recognized by the Supreme Court for 125 years and by Congress since at least 1940.  

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