Is "Subject to the Jurisdiction Thereof" a General Principle or a Term of Art? Does It Matter?
There was a curious apparent methodological reversal during yesterday's oral argument in Trump v. Barbara. At one point, Justice Alito asked ACLU National Legal Director Cecillia Wang, arguing for the plaintiffs/respondents, the following question:
When particular problems pop up, lawmakers may enact a g...
This Supreme Court debate reveals a fascinating tension in constitutional interpretation: the clash between textualism’s claim to timeless principles and originalism’s anchor in historical context. Justice Alito’s framing—invoking Scalia’s microwave oven analogy—suggests a strategic pivot: conservatives, often strict originalists, here embrace a more fluid reading of "subject to the jurisdiction thereof." Yet this flexibility contrasts sharply with Alito’s *Bostock* dissent, where he accused the...
