
This is a first-person account by an academic (Josh Blackman) reflecting on how his scholarship on Justice Harlan's lectures was cited during oral arguments in Trump v. Barbara. The tone is scholarly and self-aware, with minimal editorializing about the merits of birthright citizenship itself. The author presents historical sources (Harlan's lectures) and notes the irony of his research becoming relevant to a contemporary case, without advocating for a particular outcome.
Primary voices: academic or expert, historical legal document, Supreme Court oral argument
This article reflects observations from ongoing Supreme Court litigation, and the framing and significance of Harlan's cited lectures may shift once the Court's decision is issued.
Justice Gorsuch twice referenced Justice Harlan's constitutional law lecture on Wong Kim Ark.
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