Chapman University law professor Ronald Rotunda comments on the President’s asserted power to waive U.S. immigration laws.
Justia columnist and Hofstra law professor Joanna Grossman discusses the important questions of whether and when a child who is born outside the U.S. can acquire citizenship from a U.S. citizen parent. Grossman focuses especially on the heartbreaking case of U.S. citizen Ellie Lavi, who gave birth to twins in Israel. When Lavi sought U.S. citizenship for the twins, the State Department informed her that the twins would not be deemed U.S. citizens unless Lavi could prove that the donor sperm or egg came from a U.S. citizen. Grossman strongly criticizes the State Department’s decision to, in effect, deem the gamete donors, not Lavi, the babies’ parents for purposes of U.S. citizenship—even though no one disputes that Lavi, a U.S. citizen, gave birth to the twins. Grossman covers the ways in which children can gain U.S. citizenship by descent; describes the more onerous rules for out-of-wedlock children; considers whether treating unwed citizen fathers and unwed citizen mothers differently is discriminatory; and discusses who counts as a “mother” and thus a person able to convey citizenship. Finally, Grossman considers four interesting scenarios regarding the descent of citizenship to children; describes the consequences of non-citizenship; and urges the State Department to deal more fairly and justly with the modern realities of reproductive technology.
Justia columnist and Cornell law professor Michael C. Dorf comments on the Supreme Court’s decision to take up a case involving the controversial Arizona immigration law—another blockbuster in a momentous Term for the Court, which will also resolve cases on the health care legislation and redistricting in Texas. Regarding the Arizona immigration case, Dorf explains the relevance, in the case, of the theory of the “unitary executive,” and notes that there seems to be a common misconception: The question in the Arizona case, he explains, is not whether Congress can preempt state immigration law—it plainly can—but whether Congress did, in fact, preempt Arizona’s immigration law. Dorf also explains the unusual way in which the Justices’ ideological leanings play out in typical federal-preemption cases, and why immigration cases involving federal preemption are atypical in this respect. In addition, he explains why a Court precedent on gun control and federalism may play a large role here.
Justia columnist and Cornell law professor Michael Dorf examines the way in which an Alabama immigration law—which would place the state in the role of enforcer of federal immigration laws—illustrates a schism that may be growing between two conservative constituencies: populists and corporatists. Dorf illustrates his point about the schism by reference to the controversies over the Troubled Assets Relief Program (TARP) and over immigration, which have split the Republican Party. He also asks if populist conservatives and business conservatives can ever truly get along—and notes ways in which the Supreme Court has been surprisingly supportive of the populists.