HeyJaredCésar Cuauhtémoc García Hernández
- Indexed articles, last 90 days
- 5
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- Sep 17, 2026
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- Jul 17, 2026
Latest articles
What a missing citation tells us about the Supreme Court’s birthright citizenship decision (opens the original)
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In law, attribution is everything. Lawyers sprinkle written briefs with citations to statutes and constitutional provisions. Judges ground their decisions in prior cases addressing a similar legal issue. Making a claim without pointing to a source is akin to laying claim to originality. Doing that when a source is well-known and remarkably relevant is worse. All of this is why it’s of great significance for Chief Justice John Roberts, writing for the majority in last summer’s decision holding th
Will the court consider due process rights for detained migrants? (opens the original)
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The Constitution’s due process clause famously limits the government’s power to detain people. Next month the Supreme Court is scheduled to hear arguments in a case about the clause’s relevance to long-time migrants. If it sides with the government, the court could allow immigration officials to detain thousands of long-term residents indefinitely, including lawful permanent residents (also known as green-card holders), convicted of a variety of crimes without allowing them to ask an immigration
Trump detention policy nears SCOTUS (opens the original)
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As part of the Trump administration’s hardline approach to migrants, the Immigration and Customs Enforcement agency has ramped up the number of people it detains. Soon, the Supreme Court may decide whether one of the administration’s preferred tactics is legal. In separate cases, the Department of Justice and attorneys for migrants have asked the justices to decide whether ICE can detain migrants who have been living in the United States without the government’s permission for many years and ref
When the court denies racism that others see (opens the original)
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In a decision allowing the Trump administration to move forward with plans to end humanitarian immigration protection for hundreds of thousands of people living and working in the United States, the majority of justices on the Supreme Court concluded that top officials did not racially discriminate against Haitians. In doing so, the court denied that the administration used racial language to describe such persons. The majority’s narrow characterization of what constitutes a racial description r
In birthright citizenship dissent, Justice Thomas stakes out an ideological claim of who counts as an American (opens the original)
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The Supreme Court’s decision about President Donald Trump’s attempt to narrow access to birthright citizenship left no doubt that a majority of justices agree it’s illegal. But two justices, Clarence Thomas and Neil Gorsuch, revealed that they also viewed the challenges to Trump’s executive order as about more than the text of the 14th Amendment. They viewed it as an ideological battle about who is “American.” The court’s long-awaited decision in Trump v. Barbara blocked the federal government f
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