Marc Alexander has an article in the July 7, 2026 Daily Journal discussing the U.S. Supreme Court’s recent opinion in Trump v. Barbara, which reaffirmed the principle of birthright citizenship. 

Daily Journal articles are behind a paywall. Marc reviews the various opinions and underscores that, as to the constitutional holding affirming the existence of birthright citizenship, the vote was 5 to 4. Thus, an interpretation of the 14th amendment once viewed as far-fetched is now endorsed by four members of the Supreme Court.

The article asks: “Does Trump v. Barbara teach us anything about originalism as a doctrine of constitutional interpretation?”

And it suggests an answer: “Yes. Judges claiming to be originalists can reach diametrically opposed conclusions. Judges claiming to be originalists can cherry-pick and accuse judges with whom they disagree of cherry-picking. And originalists can address social concerns and questions of policy when it suits them.”